Aero Tech Consumer Aerospace — Hazardous Materials Safety Interpretation

Page 1400 Seventh Street, S.W. U.S.Department Washington; D.C. 20590 of Transportation Research and Special Programs Administration MAY I 3 1999 Ref. No. 98-0366 Mr. Gary C. Rosenfield President Aero Tech Consumer Aerospace 1955 South Palm Street, Suite 15 Las Vegas, Nevada 89104 Dear Mr. Rosenfield: This is in response to your letter dated November 25; 1998, requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to your liquid slurry mixture and requirements for placarding vehicles carrying Division 1,3 materials. • Under 49 CFR 173.22, it is the shipper's responsibility to properly classify a hazardous material. Based on the information you provided, we are not able to determine the proper classification. We recommend that you evaluate and test your mixture to determine if it meets the hazard class defining criteria in Part 173. We want to emphasize that if this composition is intended to produce an explosive or pyrotechnic effect, it must be evaluated under the provisions in $ 173.56 In reference to your question on placarding, a manufacturer carrying Division 1.3 materials in its own or rented vehicles in local or intrastate transportation, must placard the transport-vehicle in accordance with 49 CFR 172.504. Effective October 1, 1998, the HMR now apply to both intrastate and interstate transportation of hazardous materials in commerce. I hope this answers your inquiry. Sincerely; in thills Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standärds 173.22 980366#

Page 2407020 a By Cae Boothe CONSUMER AEROSPACE $173.22 Industrial Solid Propulsion, Inc. A Subsidiary of Ed Mazzullo, DHM-10 Director of Office of Hazardous Materials Standards Research and Special Programs Administration 400 Seventh Street, S.W. U.S. Department of Transportation Washington, D.C. 20590 11/25/98 Dear Mr. Mazzullo: I would appreciate it if you could answer the following questions related to Hazmat transportation: 1. Note: The following paragraph contains proprietary information*. Would synthetic rubber (HTPB), 10% Isodecyl Pelargonate plasticizer (IDP), 38% Zinc, 29% a liquid slurry mixture of approximately 21% Hydroxyl-Terminated Polybutadiene Magnesium and 2% Chrome Oxide (Ci,O,) be considered a hazardous material as defined in the HMR? If so, what would be its proper shipping name, hazard class, UN number, packing group and label code? 2. Is a manufacturer required to placard its own or rented vehicles in local or intrastate transportation while carrying division 1.3 materials? Thank you in advance for your anticipated response. Sincerely, Gary C. Rosenfield President, AeroTech, *PROPRIETARY NOTICE: THIS INFORMATION IS THE SOLE AND EXCLUSIVE PROPERTY OF AEROTECH, INC. CLASSIFICATION OF AEROTECH, INC. PRODUCTS FOR SHIPPING PURPOSES, ANY OTHER USE OR DISSEMINATION AND INDUSTRIAL SOLID PROPULSION, INC. IT IS DISCLOSED HEREWITH ONLY FOR THE PURPOSE OF OF THIS INFORMATION IN ANY FORM TO ANYONE FOR ANY OTHER PURPOSE IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF THE PRESIDENT OF AEROTECH, INC., OR INDUSTRIAL SOLID PROPULSION, INC. DISCLOSURE OF THIS INFORMATION WITHOUT AUTHORIZATION MAY BE A VIOLATION OF THE TRADE SECRETS ACT, 18 USC 1905 AND UNAUTHORIZED DISCLOSURE MAY BE SUBJECT TO CIVIL AND CRIMINAL PENALTIES UNDER THE FEDERAL TORT CLAIMS ACT, 28 USC 1346 (B). 1955 South Palm Street • Suite 15 • Las Vegas, Nevada 89104 • (702) 641-2301#