Hunt Shipmate, Inc. — Hazardous Materials Safety Interpretation

Page 1panifes U.S. Department of Transportation Nashington, D.C 100 Seventh Street, S.W 20590 -Special Programs Research and Administration FEB 2 4 1998 Mr. Steven Charles Hunt Shipmate, Inc. 2615 Voorhees Avenue Suite 6 Redondo Beach, CA 90278 Dear Mr. Hunt: This is in response to your letter, telefax, and telephone conversation with a member of my staff on behalf of your client who would like to transport a device, described as an "ignition cartridge," under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that the device does not meet the definition of an explosive substance. The device is used to preheat a cutting torch used for underwater rescue, and for military and law enforcement operations. You also stated that if the device ruptured and the iron strips uncoiled, the device would probably heat to ignition in air. Based on the information you submitted and information available to us, it is our opinion that this device should be described as "Pyrophoric metals, n.o.s., 4.2, UN 1383, I", and is subject to the HMR for the following reasons: The device contains a pyrophoric form of iron. 2. The Hazardous Materials Regulations and the International Civil Aviation Organization Technical Instructions for the Safe Transportation of Dangerous Goods by Air provide no exceptions for pyrophoric metals. Your letter provided little detail about how testing was conducted on the device. Therefore, we assume that the 0.003" metal foil was punctured and the device was allowed to stand under ambient conditions. Under these conditions, the rate of heating would be so slow that a temperature rise of about 10°F would be noted. However, if the device is ruptured and the iron strips are uncoiled, the device would probably heat to ignition in air. 173.124 98-0524#

Page 2- * Your client can submit an application for exemption from § 173.124(b), if it can be demonstrated that the completed device does not meet the criteria for a Division 4.2, and will not meet this division under any reasonable conditions occurring during transportation. I hope this information is helpful. if you need additional assistance, do not hesitate to contact us. Sincerely, Nathe 2 Michell Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards r..#

Page 3FEB 24 1998 Mr. Steven Charles Hunt Shipmate, Inc. 2615 Voorhees Avenue Suite 6 Redondo Beach, CA 90278 Dear Mr. Hunt: This is in response to your letter, telefax, and telephone conversation with a member of my staff on behalt of your client who would like to transport a device, described as an "ignition cartridge," under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). You state that the device does not meet the definition of an explosive substance. The device is used to preheat a cutting torch used for underwater rescue, and for military and law enforcement operations. You also stated that if the device ruptured and the iron strips uncoiled, the device would probably heat to ignition in air. Based on the information you submitted and information available to us, it is our opinion that this device should be described as "Pyrophoric metals, n.o.s., 4.2, UN 1383, I", and is subject to the HMR for the following reasons: 1. The device contains a pyrophoric form of iron. 2. The Hazardous Materials Regulations and the International Civil Aviation Organization Technical Instructions for the Safe Transportation of Dangerous Goods by Air provide no exceptions for pyrophoric metals. Your letter provided little detail about how testing was conducted on the device. Therefore, we assume that the 0.003" metal foil was punctured and the device was allowed to stand under ambient conditions. Under these conditions, the rate of heating would be so slow that a temperature rise of about 10°F would be noted However, if the device is ruptured and the iron strips are uncoiled, the device would probably heat to ignition in air.#

Page 4- Your client can submit an application for exemption from § 173.124(b), if it can be demonstrated that the completed device does not meet the criteria for a Division 4.2, and will not meet this division under any reasonable conditions occurring during transportation. I hope this information is helpful. if you need additional assistance, do not hesitate to contact us. Sincerely, 20202do 90 Hattie L. Mitchell, Chief Regulatory Review and Reinvention Office of Hazardous Materials Standards Jkarım:dhm-12:68553:02/03/98 Revised:hlm:02/05/98 File: 173.124 SC: 333#

Page 5• From. Sie: en • = .s runt To. Jennifer Karm Date. 12/24/97 Time. 12:05.58 PM Karim gage 1 011 file: 173.124 Se• 333 ShipMate, Inc. Hazardous Materials Transportation Training Software & Information Systems 1810 Green Lane Civil Penalty Case Review & Appeal Redondo Beach, CA 90278-3618 Compliance Inspections & Audits 310-798-4200 phone Hazardous Material Incident Response 310-798-4339 fax Container & Portable Tank Inspections 800-506-7984 pager CD ROM Reference Products shipmate@ shipmate.com internet IMDG, IATA, DOT, OSHA & EPA Specialists To: Jennifer Karim From : Steven Charles Hunt |Fax Number : 1-202-366-8700 Company: ShipMate Inc Date : 12/24/97 Time: 12:05:58 PM |For Information Call: 1-310-798-4200 Subject: ADDITIONAL INFO FOR LTR OF Fax Number : 1-310-798-4339 INTERPRETATION (RESUBMISSION) Dear Ms. Karim: Attached, please find a letter which I had addressed to Mr. Schultz. I sincerely appreciate your assistance in expetiting this request. my client is concerned and desperately needs your guidance because the HMR are not clear on this particular issue. Again, if i may be of assistance, please call me. Thanks and Best Regards, ShipMate, Inc. Steven Charles Hunt East Coast Office (HQ): 11771 Hollyview Drive, Great Falls, VA 22066#

Page 6From. Steven Charles Hunt To: Jennifer Karim SENT BY BROCO ING 119-24-97 1 4:17PM Date. 12/24/97 Time. 12:05.58 PM 9094833233+ Page 4 of 7 .Il. SHIPMATE INCI# 2 i... ..':. "ALLOY SURFACES A SUBSIDIARY OF CHO GROUP, INC. RAPID FIRE CUTTING ROD IGNITION CARTRIDGE TEST RESULTS • TESTS PERFORVED ON FEBRUARY 3, 1997 rise in degrees F over a time period of thirty (30) minutes from initiaring the carridge. Two (2) Rapid Fire Cutting Rod Ignition Cartridges were rested to determine the case temperature Two type K thermocouples, designated TC1 and TC2 were attached to the cartridges. TC1 • I2mm from the bottom and TC2 - 24mm from the bottom. Temperature measurement was provided by a Leeds & Northrup Model 2500 digital recorder. one (I) inch of insulating material to eliminate any external temperature influences. Cartridge #1 The tests were conducted in a temperature stable (71°F), draft free room with the rods placed on experienced a rise of 10°F and cartridge #2 a rise of g°F over the 30 minure test period. Please see the attached data sheet and graph.#

Page 7From: Steven Charles Hunt To: Ed Mazzullo Date: 9/8/97 Time: 9:33:44 AM Page 2 of 12 ShipMate, Inc. Redondo Beach, CA 90278 2615 Voorhees Avenue, Suite 6 Fax: 310-370-1397 Phone: 310-370-1237 E-mail: chemtrans@aol.com ShipMate July 3, 1997 Mr. Edward Mazzullo Chief, Standards Branch U.S. Department of Transportation Research and Special Programs Administration 400 Seventh Street, SW Washington, DC 20590-0001 Subj: Interpretation, Request for Written Interpretation Dear Mr. Mazzullo: 1 am submitting this written request for interpretation on behalf of a client who would like to offer into transportation a device which is described as an "ignition cartridge." The device does not meet the definition of an explosive substance. It is a device which is used to pre-heat. a cutting torch which is used for underwater rescue, and military and law enforcement operations. lhe device can best be described as a steel rod, approximately 5/8" in diameter, which has been bored. An activated iron foil is coiled and pressed into the annulus under an inert atmosphere and the foil is encapsulated beneath a metal seal which is then set in place with epoxy. Above the metal seal are two plastic bushings which are pressed into the annulus. To operate the device, an ultrathermic cutting rod is forced through the bushings and into the metal foil. Pure oxygen is then introduced into the metal foil and the resulting oxygen/activated iron foil superheats the end of the ultrathermic cutting rod, thus igniting the cutting rod. A diagram follows. Normally, electricity is used to pre-heat the ultrathermic cutting rod. However, the use of electricity takes time for the rod to pre-heat. By using the "ignition cartridge," the operator does not need electricity and can pre-heat the rod almost instantly. This "ignition cartridge" is ideal for underwater rescues and for clandestine forced entry situations (i.e. hostage rescues). This system eliminates the need for costly explosive entry systems which can cause collateral damage. Hannis Materis Trinin • Informatin Sustems e ramaline Insertins e. Alinita a Shinina e Panilatan, Saftinm#

Page 8From: Steven Charles+lunt To: Ed Mazzullo Date: 9/8/97 Time: 9:33:44 AM Page 3 of 12 ShipMate My client is naturally concerned about the shipping requirements: The supplier of the metal foil is currently declaring the metal foil as a pyrophoric solid. My client then uses the metal foil and manufacturers the final product which, in operational tests, does not result in an article which presents any degree of danger during transportation. Further, the devices are sealed in a hermetically sealed foil pouch. Additionally, the foil pouch is sealed in an atmosphere of nitrogen. • Essentially, my question is this: If a hazardous material is used in a manufactured article in such a way that the resulting finished product does not present a hazard in transportation and does not meet the criteria for a hazardous material, hazardous substance, hazardous waste or marine pollutant, as defined in Title 49, Code of Federal Regulations, subchapter C, would the finished article be regulated as a hazardous material? Practical tests have shown that, in normal atmospheres, the temperature of the device increases approximately 10-15 °F over ambient when the metal seal is punctured. It is unlikely, even in enriched atmospheres, that the resulting temperature rise would cause this device to be classified as a Division 4.2 hazardous material. Your written opinion is of great interest to my client as he would, naturally, like to transport the material. He currently has a number of purchase orders from various governmental law enforcement agencies, but he is unable to fulfill them because of the present issue which is interpretive in nature. We respectfully request your written opinion. If necessary, my client is prepared and willing to file any exemption or Competent Authority Approvals may be necessary to offer this device into transportation. Your immediate review. and response would be most appreciated. We look forward to your favorable response. Respectfully, Steven Charles Hunt ShipMate, Inc. cc: Mr. Tom Joos Hazardous Materials Training • Information Systems • Compliance Inspections & Audits • Shippina & Realaton Software#

Page 9From: Steven Charles-Hunt To: Lid Miazzuilo Datü: S/cvs; Time: 9:33:44 AM Page 4 of 12 • • ShipMate Figure 1 Schematic of Igniter Cartridge (not to scale) BUSHING BUSHING METAL FOLL EPOXY FILLET ACTIVATED IRON FOLL ACTIVATED IRON UNCOLED HERMETICALLY SEALED AND COILED • Hazardous Materin Trainin• Information Systems • Ramnline Insertins & Audits a Shinning & Renaton, Software#

Page 10From: Steven Charles Hurt, To: Ed Mazcullo Date: 9/8/97 SENT BY BROCO INC Time: 9:33:- : 9-8-9718:5844 8094833233* SHIPMATE INC# 2 Page 5 of 12 ' Facsimile Cover Sheet Joine Operators Group Louisgo, KY 40316 5749 Briar Hill Read Tel 606.397.4236 Так 606.293.3590 Dato: Saptember 8, 1997 Mausago No. To: Tom Jose Phone # 900-423-1222 | Locationitest Organization: Broco ine. Fax# 908-483-3223 From: Bruce Lawrence Substrate Admia. Massage: Contenta: Total Mages Tranamited _ - Induding Cover Page SYSTEMS. OFFICIAL DOD TELECOMMUNICATIONS SYSTEMS ARE SUBJECT TO MONITORING AT ALL DO NOT TRANSMIT CLASSITTED INFORMATION OVER UNSECURED TILICOMMUNICATIONS TIMES. USE OF DOD TELICOMMUNICATIONS SYSTEMS CONSTITUTIS CONSENT TO MONITORING. Reference: Purchare Order 968119 Tom. the shipments to Japer. The following is information that will asiat in completing the shipment of the igniters it should aleo assist with Thanks, Bruce Leureroe Notar: 9. We techniael date rolate to darenao articles or servicare str 2 No staccited intermacion shall ba sane via lacemala. trenammad out of the United State TO d та66 сBZ д00 ...#

Page 11From: Steven Charles Hurt To: Ed Mazzullo SENT BY BROCO INC : 9-8-97.1 8:58AM ; Date: 9/8/97 Time: 9:33:44 AM Page 6 of 12 8094833233 SHIPHATE INC:# 0 08/86197 TBLI 18:29 PAS 703 724 5845 GROUNOS TRAPOHS Roos HIAPON SYSTEM EXPLOSIVIS FATETY REVIIW BOARD ATTENDANCE LIST BROCO RAPID TIRI TAXITEX 19 Hay 1997 1230 Sessjon • P.S. NAIGHT 5. GERBER C. WARZFIELD MAVORDCEN NAVORDCEM N713 C.W. POWIR$ NAVORDCEN J, WASED S.B. ANDRENS NAVORDCEY F 8 231 N7133 NAVORDCEN N7135 H7134 W, HAMMER R. USKIIVICH NAVPAC NAUSEX 03P3 (703) 602-8511 301, 743-6081 074D 151RU M. BMONN G71 DEN E. LUTHER i. BOVENSCHEN DSK 249-7734 354-4932 : ER. I. ENGLISH A- STANTON WPASTA BARIZ NAVBAFICZN 4022 43 DEN DAN 564-3342 482-1801 COASISYSTA EC5S 503 DSN DSTH 449-2852 OTHIR 436-5403 : GYSGT DETRICK G. XLAUS ». BARNETII MARINE CORPS AOT MARCORSYSCOY PSE (703) 784-5394 (703) 754-×53: M.E. CARO AOT (703) 413-6262 (703) 423-6262 Inelosur• (1) w.. 40 •d :- 125E 26Z 809 •.д.......- 42/dV-IVS/0u078/g-1 VIT:0I 45-80-005 ......... ru.cm#

Page 12From: Steven Charles Hunts To: Ed Mazzullo SENT BY BROCO INC 9-8-97 / 8: 58AM; Date: 9/8/7 Time: 933:44 AM 9094833233+ SHIPMATE INC:# T ag2 7 of12 09/04/87 TEU 18:20 BAS 703 786 9842 GROTADS TRAPONS 8008 • subj: WEAPON SYSTEM EXPLOSIVES SAFETY RIVIIN BOARD MEZTING ON THE BROCO RAPID FIRY IGNITIR COMNAVALASYECOM (SIA 00) Copy to: AOT (Atta: G. KLAUS). W583RB Menbers (electronic copy) 2 : 90 d TZBE EBZ 908#

Page 13From: Steven Charles Huot To: Ed Mazzuo SENT BY BROCO INC 13-8-91 8:574 / 0897 T: 9309480 8094833233- Page 8 of 12 SHIPMATE INC:# 6 09/04/87 TEU 18:28 PAI 900 784 B$42 GROUMDS PRAPONS 12001 WEAPON SYSTEM EXPLOSIVES BAFETY REVILW BOARD DEPARTMENT OF THE NAVY FARRAGUT MALL 6600 D.123 NAYAL ORDNANCZ CENTER INOXAN HEAO MO 70643-15H1 23 STRAUSS AVENLY. 8020 11 JUL 97 8BI N7133/440 FrOm: *0: Chaisman, Weapon Syster Explosives Salaty Review Board Commander, Marine Corpa Byator: Connana (Attn: J. BARNETTI, Code PSI) subj: NEAFON SYSTEM EXPLOSIVES SAPETY REVIEW BOARD MELTING ON THE BROCO RAPID PIRE INITIR Enci: (1) Attendance List Weapon Systen Ixplosives Safety NAVSURIHARCEN IN It BOZORC Bar 0411/370 of 19 Jun 97 Raview for The SROCO Rapid Fire Ignitor I May 1977 to ravlau the desion of the groco rupla fize Igniter The Weapon Systen Ixplosives Sainty Reviaw Board (NSESRB) met (BREI), Attandear are listed in enclosuro (1,. ordnance Technology, Inc. A prasantation was given by a reprasentative of Applied denign and hazards associated with the BRFI. The pretantation highlightad the Storage du in accordance with toe storage #he NSES$ concurzed with tha ragulatiene for Hazaxa Division 4, a "Spontaneou»ly, Conbustibie" Publication (OP) 4. matezials in accordance with Naval Sea Systems Connand Ordnance aboard submarinas, they will need the afproval of the subrarine It the IRFi igriters are planned to go Atmosphera Control Board. hazard class tor the subject item. Inclosure (2) provides a Navy taevaluation of the appropriate Marine Corps/Navy program manager Lor the subjøct item may elect based on this finding, the to samovo the existing baeard ciase 4.i markings and. store and tzaraport Marina Corps/Navy stocks au non-roquiatez itene that cation does not eliminate the need for submarine Atmosphere ate axemot Irom DOT marking. Use of this DoD hacard cleaniel- control Basid approval prior to transport aboard subnarines. weed, the itans must be stored in areas appropriste to the The soard reiterates that, whichever hazard classification is assigned and marked hazard clans, lie. the Marine corps/Havy program managar may alect to une' classitication and naik, store or tranaport the itens as cines either the acmereial hazard "tanapole the icole as unmarkeg DiVision 4.2 00 use the DoD bazara clangification and store or hon ragulated ate. "Siciate Acting 80° d 1Z60 15Z 909#

Page 14From: Steven Charles Hunt To: Ed Mazzuito SENT BY BROCO INC Date: 9/8/97 Time: 9.33:44 AM 808483233 SHIPMATE INCI# 5 Page 9 of 12 08/04/N7 THU 18:20 VAI TOJ 784 8842 GOUNDS MEAPONS $003 • 6055 785 • R1 JUI 97 From: Feed, suby: SAPITY ZILBASK TOR BROCO RAPID FIRE IGNITER (2) Naval Buztace Nartara Center Indian dond Divialon Its . $ 90 N99ố f 10 B0208C 88I 0413/370 of 15 Jus 97 Agates. no have conductad a syncen satety analysis dor the subjact 38-5,083-4539% coacact at this branch in Ma, J.M. Jazzetto, IZEE S6Z 909 S@p-0B-97 10:17A E-Systema/SAI-A F Purch#

Page 15From: Steven Charles Hunt To: Ed Mazzulo SENT BY BROCO INC 19- 8-97 1 8:564м; Date: 918/97 Time: 9:33:44 AM 8094833233→ SHIPMATE INC:# 4 Page 10 of12 08/04/87 IIU 18:87 FAS 708 784 8842 CROUNDS PEAPONS 8002 HEMORANOUM FOR ERE RECOAD 6 Auguat 4997 Iron: IM, Infantry Maapons düb): A88KUDT DREACHER TORCH XIT SYSTDN SATZAY Ro!: 'b) Mtybtwn M. Hal102n0/TA6G, T. B) COH EO CO 050/94 P 93 150 et 3 4S451 iar.erka/85i-t2G of 6 JIn 57 • Sasrott/987, and 1 Pinci: a93-0%a dy 35 tug D5 dofort for the tasacis draschos Joroi: Xlt, des (2) ProgIan Suppart It= 90z PSI dtd 21 Jul 97 completed by 29I prI enclogure (1) and MEtSRE revimw uas conductad on the imitor portior of the gyatam per unclodure (2). Systen Safuty Aaaenenent was Nesporn to tieid thu subjact ayrtam. suped meth ene reerence (as HEscene th deciafon aos or e 1 dna natex alecto to romovo the hasurd class 1,2 and codenignace this itom as In accordanca rith the MItSNI IevieN of the ignic9, EM, Infantty Xeapora non-gúíated îäma dốr țne vưne có dốd banàøng dn cage NA SN00D PAGE (M. Halioran) Copy to: PSC IT. Parkst) EO•d T 21=- TZBE CEZ 909#

Page 16From: Steven Charles Hunt To: Ed Mazzullo SENT BY BROCO ING Date: 918/87 Time: 9:33:44 AM : 9- 8-97 1 8:36A4 9094833283- SHIPMATE INC:# 3 Page 11 of 12 amar.. . • 88/04/87 TEl 19:27 RLI 703 724 6663 CROCROS TEAPONE G00L MARINE CORPS SYSTEMS COMMAND E • • Captain Jeffery B. Wilson Reconnaissance Equipment Project Officer 703-784-2006 ext 2728 Fax 703-784-5842 DSN 278 wilsonj3@quantico.usmc.mil • To: JaMN BaKER Dare: 9/4/97 Apercy: E Systems * of Pages: 7 Fax: DSN 245 3055 Comuments: Jane, THe IGNITERS RIRA CERTAACL. THE poSta TriaT Bruci RANY USE, 75 dT ThE dor cuner • croneto Tres sunt deve W/ Japan J EFF Mariao Corpa Byocacua Commead, (Alta CSG-1), 2033 Bennett Ave, Puila 315, Qmeatieo, A 22194-S010 30 d 1706 68Z 008 41rd dV-IVS/u078 48-7 427101 48-90-005#

Page 17From: Steven Charles Hunt To: Ed Mazzulo Date: 9/8/97 Time: 8:33.44 AM SENT BY BROCO INC 1 9-8-97 8:58AM 8:58AM; 90948332331 SHIPMATE INC:* 9 Page 12 of 12 08/04/87 THU 18:28 YAS 703 786 3842 GROTIES TRAPONS R007 DEPARTMENT OF THE NAVY NAVAL SUMFACT WARFARE CENTER INDIAN HEAD CHYIBION INCIAN'HRAD NO 20860-3033 101 STRAUSS AVE • Sor 041B/370 From: .19 JUR 1987 Conmandas, Indian Houd Division, Haval Surface Hartare Ic: Center ommander, Mazine Corps Syatan Command, Aton: PSE, 308 aar street, Quantico, VA 22134-508 MILITARY STORAGI HAZARO CUASSIFICAIION OF BROCO RAPID FIRE IGVITERS RuI: (2) WSERB Briot o° 19 May 97 PHONCCH btwn AT G. KLus/IHDIVNAVSUREWARCEV (Code ie! Mig bEwn NAVORSCEN (coda 66511) E. Klinghoffar/ 041B) E. Halseman of 3 Jun 57 IHDIVNAVSUREWARCEN (Code 04:8) E. Naluenan of 5 Jur 97 hazard classiticatior assigned to the broco Rapid Fire Ignitera 1, Based or [0.050riss (a) through (e), the military storage reported by Gatty Klaus, represertative of MARCORSYBCOM, whese no (BREI! is non-reguiatad. This cinesilication is baond on the test 9igtlficate temperasure size resulted from exposure of tho activated iron fail to air, This classification is valid only for the BREI described in the Weapons Systers Ixplozive Safety Review Board (NSESRE) bzie: of 19 May 1997. 2. Fos furthe: informatior cr assistance regarding hazarc 354-4383 ar cornercial (301) 743-4383. classiticasion, please contac: Ed Malauman, Code 0412, on DSl • ARUCI DALTO ly directio Copy to: NAVORDEN (N713, N7112) Evel (2) IZBE S8Z 908 4pinddy-IVS/TUm7985-1 Va110I 20-50-das#