Hilti Inc — Hazardous Materials Safety Interpretation

Page 1• U.S. Department : of Transportation Washington, D.C. 20590 400 Seventh Street, S.W. Research and Administration Special Programs JAN 1 3 1999 Mr. Marlyn Bruce Hilti Inc. Ref. No. 99-0002 5400 South 122nd East Ave Tulsa, OK 74146 Dear Mr. Bruce: This is in response to your letter dated December 21, 1998 and subsequent telephone conversation with Diane LaValle, regarding reclassification of a material as a Consumer commodity under the Hazardous Materials Regulations (HMR; 49 CER Parts 171-180) • Specifically you ask if a material that is suitable for retail sale can be reclassified as a Consumer commodity even though it is not intended for retail sale. The answer is yes. $ 171.8 includes The definition of a Consumer commodity in materials that are both packaged and distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. Therefore, if the service and supply materials described in your letter qualify for reclassification and are packaged accordingly, they may be described as Consumer commodities, even if not intended for personal or household use. I hope this satisfies your request. Sincerely, Office of Hazardous Materials Standards 11.8#

Page 2FRUN HILTI (Distribution) FAX ND.: 918.252. 6221 12-21-98 12:35P P .01 CÜTI BAH Facsimile Cover Sheet 51718 : To: Mr. Ed Mazzulo Consumer Company: RSPA commodity Phone: Fax: 202-366-3012 From: Mr. Marlyn Boyce Company: HILTI, INC. Phone: 918-252-6207 Fax: 918-252-6221 #Resent 12:21-98 Date: 12-17-98 Pages including this cover page: 8 Comments: Please review and respond to this enclosed request as quickly as possible via return FAX. Marlyn Boyce 14197 nacatiori voice po confurmation that materials may be reclassid • as consumer connioditel Faxed preu interps (attached)#

Page 3FROM? HILTI (Distribution) FAX NO.: 918 252 6221 12-21-98 12:36P P .02 **:. 5400 South 122"° East Avenue Hilti, Inc. (918) 252-6000 Tulsa, OK 74121 Via Fax 202-366-3012 Dato 12-17-98#

Page 4FROM: " FAX NO.: 918 252 6221 12-21-98 12:36P P.83 Safely boosters - proper shipping name is Cartridges, Power Device (refer to enc)osed documents and 173.56 (h)). Typical net contents weights are .243 KG per 100 piece sales unit. Blank cartridges are used for power to insert nails into concrete. Cleaner - proper shipping name is Acrosols, Flammable (each not excocding |I capacity. Refer 10 173.306 Class 2 material: (a) (3) and 173.306 (h). Volume is.6 KG per can. This is a cleaner for removing hardened foam residue frons the dispenser unit for liquid foam. 173.306 (a) (3) and 175.306 (h). Volume is. 8 KG per can. This isa liquid foam for insulation application Filler foam - proper shipping name is Aerosols, Flammable (each not exceeding 1l capacity. Refer to in small or hard to reach areas. CA 3200/3400 subfloor and general purpose adhesive - proper shipping name is Adhesives. Refer to Class 3 material: bond building materials together. 175.150 (b) (3) for PG III. Volune is,86 L cach tube. This is a construction adhesivo ( like liquid nails) to HEA (Hilli Epoxy Anchor) - proper shipping name is Resin Solucion. Refer to 173.150 (b) (3) for PG III. within a test tube-completely sealed) and used to adhere steel anchor rods to concrete work surfaces. Volume is.551 L for the largest size anchor. This product is packaged in a glass ampule (like a rest rube HIT (Hilti Injection Technique) - proper shipping name is Resin Solution. Refer to 173.150 (b) (3) for PG Ill. Volume is.68 L per cartridge. This product is packaged in a plastic cartridge for dispensing similar to a caulking dispenser. Seismic tested adhesive for solid and hollow base materials. 173.154 (b) (1) for PG II. Volume is .3 L per cartridge and the product is dispensed similar to a caulking HSE 2111 (High Strength Epoxy) - proper shipping name is Caustic Alkali Liquid, n.o.s.. Refer to dispenser. This product is an extended temperature range superior bonding epoxy Cie. bridges, conorere roadbeds). for PG III. Volume is 1.21 per plastic bucket. This is a mix in the bucket mortar repair kit used on RM-700 (Repair Morar) - proper shipping name is Caustic Alkali Liquids, n.o,s.. Refer to 173.154 (b) (2) driveways, roadways, warehouse floors and loading docks. to 173.154 (b) (2) for PG III. Volume is 1.1 L per plastic bucket. This is a mix in the bucket mortar repair RM-710 ( Low Temperature Repair Mortar) - proper shipping name is Caustic Alkali liquids, n.o.s.. Refer#

Page 5FROM: HILTI (Distribution) FAX NO.: 918 252 6221 12-21-98 12:36P P.04 Hili, Inc, • 5400 South 122°° East Avenue m101s57 cann Tulsa, OK 74121 • •#

Page 6FAX NO.: 918 252 6221 12-21-98 12:36P P. 85 Sincerely, Mr. Marlyn Boyce Hilti, Inc. Distribution Specialiast Enclosures: • RSPA.doc#

Page 7FROM: HILT! Distribution) FAX NO.: 918 252 6221 12-21-98 12:36P P .86 101 U.S. Department Hantara-Padifio Rogion of Transportation civil Aviation Security Faderal Aviation PRESIDENT Bonalulu Intornational Aixport Fiold Offico - Honolulu Administration 300 Rodgors DoulovaId, $45 alephone: (808) 836-840 onolulu, Hawaii 9681 CERTIFIED MAIL February 4, 1998 Hilti, Inc. File No. 98WP760057 ATIN: Mr. Gil Morxis President 5400 South 122 East Avepue Tulsa, Oklahoma 74121 Dear Mr. MOIIis: 'he Federal Aviation Administration is investigating an allegation that HIItI Isc. improperly tendered a shipment of dangerous goods to Airborne Express fo your reference number 12344063. prepared according to Title 49, Code of Federal Regulations Matetial3) - The shipreat contained Cartridges, power device, Class 1.45. Since the shipnent was explosive, the exeruption number (EX #) must be included with the. paperwork package. as part of Ine shipper declaxation was accompaniod by Competent Authority CA- the competent authority and must be marked on noi was the competent authority marked to shon, which of the six Ex numbers 890743 which lists six EX numbers. The shipper declaration did not indicate, pertained to this particular shipment. Ia addition, the correct EX number waa not marked on the package. those employees involved with the shipment to iaclude packing, preparation and Please provide us with a copy of the bazardous materials training rocords of transportation. We wish to offer you 'the opportunity to submit a written statement concerning mitigating circumstances which you feel may have a bearing- the above allegation. statement should contain all pertinent facts and from you within ten (10) working daya following receipt of this lettex, the If we do not hear investigation will be concluded upon the basis of infomation available. 836-8410. any questions, please contact Special Agent Tony Tepediao at Sincerely, Manager Arthur D. Bell Civil Aviation Security Field Office - Honolulu#

Page 8FROM: " HILTI (Distribution) FAX NO.: 918 252 6221 12-21-98 12:37P * Civil Aviation Security L P.B7 Field Office - Honolulu Honolulu International Airport Tulsa, OK 74121 P.O. Box 21148 Cartried Quatty System Honolulu, Hawail 96819 300 Rodgers Boulevard, #45 Fax No. (918) 252-6520 Phone (918) 252-6000 Scs 18090-23300 ATTN: Mr. Arthur D. Bell Re: File No. 98WP760057 Dear Mr. Bell: improper marking and declaration of the Hilti product described as "Cartridges, power device, Altached are the training records you requested for the person(s) responsible for the alleged Class 1.4S, UN 0323". Included are copies of: • the training records for the individual certifying the shipment (i.e. Neil Duque). • the training records for the supervisor of the above individual (i.e. Bryan McAden) and • our hazardous materials training program. It is our belief that the product "Cartridges, power device" is exempt from the requirements to mark the EX number on the package as well as to identity the respective EX number on the shipper's declaration. This is based upon the following: • Paragraph 3 of the Certificate of Competent Authority used for this shipment refers to these products as "small arms ammunition". • Paragraph 4 of the same Certificate of Competent Authority refers to the proper shipping name as "cartridges, power device" • The IATA Dangerous Goods Regulations, in state variation USG-05, states that, unless excepted by 49 CFR 172.320, EX numbers must be marked on the packaging. • Paragraph 172.320 excepts those products identified by paragraph 173.56 (h) from the (EX) marking requirements. • Paragraph 173.56 (h) refers us back to "small arms" cartridges. Department of Transportation (on April 4, 1995 from Mr. Spencer Watson). Mr. Watson confirmed Additionally, the manufacturer of the product in question received a verbal interpretation from the that "small arms ammunition" and "power devices" do not require EX numbers nor the Certificate of Competent Authority. This is based upon the fact that 49 CFR 107.3 defines "competent authority approval" to include the specific regulations issued in Subchapter C of the Hazardous Materials Regulations; e.g. 172.320 and 173.56 (h). Even though the regulations exempt us from the requirement to have a Certificate of Competent will not accept the shipment. Authority, our experience with the airlines has been that, if we don't supply the "certificate" ". they It certainly was not the intent of Hilti, Inc. to offer a shipment that was not tendered in accordance Regards, HILTI. Inc. Quality, Safety and Environmental Management S. W. Gerrard, Director SAFTIFAA-BELL DOC 13 February, 1998#

Page 9FROM: . HILTI (Distribution) FAX NO.: 918 252 6221 12-21-98 12:37P P .08#

Page 10FROM: " HILTI (Distribution) FAX NO.: 918 252 6221 12-21-98 12:378 P.09 .; 2. BASIS. This appIoVal 15 based on the request by Omark Industrics Isriston, Idaho, dated July 13, 1989. •#

Page 11•FROM: _ HILTI (Distribution) FAX NO.: 918 252 6221 12-21-98 12:37P P.18 ( COMPETINI AUTHORITY CERTIPICATION CA-890743 PAGE 2 5. D.N. CLASS AND DIVISION (AND COMPATIBILIIY GROUP APPLICABLE): 1.45 (The shipping name and class assignment axe basco on Bureau of Explosives and Bureau of lines Peports on file with the Office of Bazardous Materials Trausportation.) 6. PACKAGING. Packing Instruction 134. certified by: JE ZG 1929 Nian I. Roberts ( office be gainIdous Matezials Transportztion#

Page 12/n seang pos em 12-21-98 12:37P P.11#

Page 13FROM: " HILTI (Distribution. 400 South 122 East Avenue FAX NO.: 6221 12-21-98 12:37P P.12 • •Julsa, OK 74121 Deax MI. Morris: Sincercly, Aid, Bin Arthur D. Belt Manager Civil Aviation Security Field Office - Honolulu#

Page 141.: •. RETURN FAX NUMBER (202) 366-3012 NUMBER OF PAGES (INCLUDING COVER) 3 DATE 1/4198TImE 325pm ADORESSEE Marlyn Boyce FAX NUMBER 918 252. 622 INITIATOR Diane LaValle: PHONE 918 252 6207 PHONE 11-800-467-4922 MESSAGE поре this helps YOU ARE RECEIVING A TELEFAX FROM THE HAZARDOUS MATERIALS INFORMATION CENTER OFFFICE OF HAZARDOUS MATERIALS STANDARDS - FOR INFORMATION ON HAZARDOUS MATERIALS TRANSFORTATION : PLEASE VISIT OUR WEBSITE AT http://hazmat.dot.aov#

Page 15•.• --. INTERPRETATION of Transportation U.S. Department Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Administration special Programs OCT 1 6 1996 Mr. James Hendricks Glaxo Wellcome Inc. P.O. Box 13398 Research Triangle Park North Carolina 27709 Mr. Hendricks: This is in response to your letter of August 13, 1996, requesting clarification of the definition for "consumer commodity" as provided by the International Civil Aviation Organization's (ICAO) Technical Instructions and 49 CFR 171.8. In general terms, a consumer commodity is a material that is packaged and distributed in a for intended or suitable for retail sale and personal or household use. This definition includes materials that are suitable for retail sale even if not specifically so intended and which may, in fact, be used in some other fashion. The fact that the aerosol can may or may not display marketing information is not a factor is this determination. I hope this information is helpful. Sincerely, Subore Billings Delmer F. Billings Chief, Regulations Development Office of Hazardous Materials Standards !. " 171.8 Consumer commodity#

Page 16• U.S.Department of Transportation dashingtar du Research and Special Programs Administration ... 21 1994 Mr. Michael Wofford Manager, Environmental Programs Xerox Corporation 800 Phillips Road, BIdg. 214 Webster, New York 14580 Dear Mr. Wofford: that is suitable for retail sale can be reclassified as a consumer commodity This is in response to your létter of December 21, 1993, asking if a material even though it is not intended for retail sale. commodity in 49 CFR 171.8 includes materials that are both packaged and Your are correct in your understanding. The definition of a consumer distributed in a form intended or suitable for sale through retail sales agencies or instrumentalities for consumption by individuals for purposes of personal care or household use. ) materials described in your letter qualify for reclassification and are not intended for personal or household use. packaged accordingly, they may be described as consumer commodities, even if I hope this satisfies your inquiry. Sincerely, #chief, Regulations Development Office of Hazardous Materials Standards • 181/171.8 Con sume commodity •#