Dear Erin: In addition, we would like a copy of all materials underlying the proposal, including the research that was conducted.

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1 Frm: Burke, Nancy Q. Sent: Tuesday, June 5, :30 PM T: Erin Tpper Subject: [Junk released by User actin] Request fr Deferral f Agenda Item and Infrmatin in Supprt f Same Subject 19 Dear Erin: This firm represents the Recreatinal Oxygen Assciatin f Nrth America. We just learned f yur upcming Cmmdity Classificatin Standards Bard Dcket meeting (2018-2, Subject 19). Nt nly did we nt receive ntice f the prpsed classificatin change, a number f ur members did nt either. We wuld like t request that yu cntinue this dcket until the next meeting f the CCSB s that the assciatin and its members, t ffer a meaningful pprtunity t cmment n the prpsed revisin. In the alternative, and this is nt preferred as it des nt prvide us with sufficient time, we wuld like an extensin f the June 1 submittal deadline until this Friday June 8 th. In additin, we wuld like a cpy f all materials underlying the prpsal, including the research that was cnducted. Thank yu fr yur immediate attentin t this request. Best wishes Nancy Nancy Quattlebaum Burke Attrney Gray Plant Mty 500 IDS Center 80 Suth Eighth Street Minneaplis, MN USA Phne: Fax: Nancy.Burke@gpmlaw.cm Click Here Fr My Bi

2 Recreatinal Oxygen Assciatin f Nrth America 3209 Galleria, #1302, Minneaplis, MN U.S.A. June 7, 2018 Via t ringer@nmfta.rg The Cmmdity Classificatins Standards Bard c/ Mr. Jel L. Ringer, Chair RE: Request t Defer Agenda Item r in the Alternative Accept Late-Filed Materials Cmmdity Classificatin Standards Bard (CCSB) Dcket , SUBJECT 19 Dear Cmmdity Classificatin Standards Bard Members: The Recreatinal Oxygen Assciatin f Nrth America (ROANA), which is the first and nly trade rganizatin cllectively leading the develpment f the emerging categry f recreatinal xygen, was recently infrmed, by frwarded frm a member Husehld & Cmmercial Prducts Assciatin (HCPA) t a ROANA Bard Member, f the Cmmdity Classificatin Standards Bard (CCSB) s cnsideratin f an amendment t the Natinal Mtr Freight Classificatin (NMFC) fr recreatinal xygen, prpsed fr June 12, ROANA s funding gals include regulatin and cllabrating with plicy makers, and advcacy n behalf f its members. The rganizatin wuld like an adequate pprtunity t cmment n the prpsed new classificatin fr recreatinal xygen. It is in this spirit f cllabratin and categry leadership ROANA requests the CCSB cnsider the experience, expertise and recmmendatins f ROANA as it relates t this matter, and either defer the agenda item until its next meeting when all f the relevant facts can be adequately presented t the CCSB, r accept ROANA s late-filed materials. Members f ROANA s Bard f Directrs, and sme f its Cmpany members within the recreatinal, industrial and medical xygen industries, plan t attend CCSB s public meeting scheduled t be held n June 12th, ROANA des NOT supprt CCSB s prpsal t classify recreatinal xygen as a Categry 200 prduct fr the fllwing reasns: The Density Numbers d nt Accurately Reflect Typical Shipments Acrss the Prduct Line. The CCSB relies primarily n density t determine its classificatins. ROANA has reviewed the density chart dated May 10, The chart clearly des nt represent a crss-sectin f the typical shipments f prducts ffered by manufacturers f recreatinal xygen. ROANA, funded in 2013 as a nn-prfit rganizatin, is the leading assciatin fr the Nrth 1 American recreatinal xygen cmmunity dedicated t prviding cnsumer educatin, market research, industry standards and cnsultatin fr safe and ethical business practices while uniting industry leaders and cllabrating with plicymakers t enhance the presence f recreatinal xygen in Nrth America.

3 Recreatinal Oxygen Assciatin f Nrth America 3209 Galleria, #1302, Minneaplis, MN U.S.A. Recreatinal xygen canisters typically cme in three sizes: small, medium and large and is typically shipped in bxes wrapped n a standard pallet. A standard pallet f the medium sized canisters has a density f punds per cubic ft (63 x 40 x 48, with a weight f 804 punds). A standard pallet f the small sized canisters has a density f punds per cubic ft (50 x 40 x 48, with a weight f 786 punds). This reflects the density f tw-thirds f the prduct line f the tw majr recreatinal xygen manufacturers (Oxygen Plus and Bst Oxygen, with these measurements prvided by Oxygen Plus). Ntably there is nt a single entry n the CCSB s Density Chart that is ver 10, suggesting that the CCSB has evaluated nly shipments f the largest size f the prduct fferings 1 By failing t include the densities f mst f the recreatinal xygen prducts n the market as typically shipped, the CCSB data significantly misrepresents the average density f recreatinal xygen canister shipments. ROANA requests that CCSB prvide it with the names f the trucking cmpanies that participated in the density study, the infrmatin n the prduct(s) measured, the dimensins f the pallets, 2 and whether r nt the weight f the pallet and inner/uter packaging is included in density calculatins. There are n Special Handling Requirements fr Recreatinal Oxygen and it Pses n Special Hazard in Transprt: Recreatinal xygen is a nn-flammable, cmpressed gas. A canister f recreatinal xygen is nt an aersl. It belngs in Item 85880, alng with gas in cylinders, and merits the 110 rating received by this prduct. Recreatinal xygen canisters cntain nly gas and include n prpellant. By definitin under Department f Transprtatin regulatins, an aersl is any nn-refillable receptacle cntaining a gas cmpressed, liquefied r disslved under pressure, the sle purpse f which is t expel a nnpisnus (ther than a Divisin 6.1 Packing Grup III material) liquid, paste r pwder and fitted with a self-clsing release device allwing the cntents t be ejected by the gas. 49 C.F.R Recreatinal xygen des nt meet this definitin. There is n liquid, past r pwder emitted frm canisters f recreatinal xygen. They cntain cmpressed gas and nthing mre. CCSB refers t the hazardus nature f cmpressed xygen as thugh it were dangerus, while acknwledging that it is shipped as a nn-flammable. CCSB acknwledges that, if handled, transprted and stred prperly, recreatinal xygen canisters pse minimal risk t carriers and the wider public. CCSB des nt cite an instance when recreatinal xygen has caused a transprtatin incident, and ROANA is nt aware f ne in the U.S. r wrldwide. There is n descriptin r explanatin in CCSB s presentatin materials f the alleged hazard psed by recreatinal xygen r the extra care and attentin 1 Oxygen Plus standard pallet f the large sized canisters has a density f 4.56 punds per cubic ft (77 x 40 x 48, with a weight f 390 punds). 2 The weight f a pallet can vary by 10 punds, depending n the wd material. Thirty punds is used in these calculatins fr the pallet weight. ROANA, funded in 2013 as a nn-prfit rganizatin, is the leading assciatin fr the Nrth 2 American recreatinal xygen cmmunity dedicated t prviding cnsumer educatin, market research, industry standards and cnsultatin fr safe and ethical business practices while uniting industry leaders and cllabrating with plicymakers t enhance the presence f recreatinal xygen in Nrth America.

4 Recreatinal Oxygen Assciatin f Nrth America 3209 Galleria, #1302, Minneaplis, MN U.S.A. that is necessary. Indeed, the CCSB acknwledges that it can be readily handled by mechanical equipment. This is neither a flammable nr explsive gas and can be handled accrdingly. In fact, it is s safe t ship recreatinal xygen that the DOT has issued Special Permit fr which many larger canisters qualify allwing the prduct t be shipped withut meeting the labeling, shipping paper, r placarding requirements that wuld therwise apply t cmpressed gases, and signifying that recreatinal xygen canisters pse n significant hazard. There is nthing abut canisters f recreatinal xygen that wuld justify increasing its freight classificatin based n any special handling r related t any hazards. ROANA vehemently bjects t CCSB s attempt t uprate the classificatin based n a perceived, but nt real, threat. Recreatinal Oxygen is Stable and Requires n Special Stwage Cnsideratins. CCSB des nt identify a situatin in which anther prduct cannt be c-laded with recreatinal xygen. As indicted by Special Permit 10704, the prduct des nt even require placarding r shipping papers. Any c-lading restrictins wuld relate t the hazards psed by sme ther prduct, nt the recreatinal xygen. Further, recreatinal xygen cntainers must be able t be stred withut leakage, distrtin r ther defect at 130 Fahrenheit. This is a requirement f Special Permit 10704, and the cautins abut nt exceeding a temperature f 120 Fahrenheit d nt reflect the actual temperatures that the prduct cntainers can withstand during shipment. In shrt, CCSB s evaluatin f the transprtatin characteristics f recreatinal xygen significantly distrts and verstates the risks. The Liability Related t Theft r Damage f Recreatinal Oxygen is Overstated. The liability analysis mischaracterizes recreatinal xygen as hazardus in nature 3 and suggests that it culd damage ther freight r carrier equipment. We agree that if yu drp a pallet f recreatinal xygen n a pile f bananas, the bananas will suffer. Aside frm that srt f mismanagement f freight, recreatinal xygen is nt hazardus in nature. 3 Breathe it in it desn t cause harm. Oxygen is nt flammable; it can feed a pre-existing fire, but it des nt cause a fire. CCSB seems t fundamentally misunderstand the safety f the prduct. As t liability, CCSB acknwledges that there is limited risk in terms f theft r damage and ROANA agrees with that assessment. The CCSB identifies n incidents f lss r liability relating t recreatinal xygen. Hwever, as t the cst f gds, which is the value reimbursed fr a shipping lss, the numbers presented by CCSB are inaccurate. This is, after all, xygen. The average cst f gds fr a large cntainer f recreatinal xygen is abut $12 per pund, fr a medium cntainer abut $14 per pund, and fr the small cntainers is 3 Cmpressed xygen is nt a hazardus substance because it is nt listed in Appendix A f 49 C.F.R ROANA, funded in 2013 as a nn-prfit rganizatin, is the leading assciatin fr the Nrth 3 American recreatinal xygen cmmunity dedicated t prviding cnsumer educatin, market research, industry standards and cnsultatin fr safe and ethical business practices while uniting industry leaders and cllabrating with plicymakers t enhance the presence f recreatinal xygen in Nrth America.

5 Recreatinal Oxygen Assciatin f Nrth America 3209 Galleria, #1302, Minneaplis, MN U.S.A. abut $19 per pund. The CCSB must be using sme ther value when cming up with an average cst f $50.50 per pund. In respnse t CCSB s prpsal t re-classify recreatinal xygen in Relatinship t CCSB Plicies and Guidelines, the research gathered under CCSBs Research Prject 1304 des nt appear t leverage the leading experts, cmpanies nr the authritative rganizatin f the recreatinal xygen industry. The nly disclsed cmpany surce/citatin prvided in CCSB s reprt is a website ( f whse reputatin is unfamiliar t ROANA, des nt represent the industry, and des nt prvide accurate infrmatin. In cntrast t the data referenced and gathered by CCSB s study, ROANA has at its dispsal, and can therefre be a vehicle f influence in creating necessary changes the categry, relatinship and influence with every relevant recreatinal xygen canister cmpany in the U.S. ROANA membership includes the fllwing recreatinal xygen cmpanies, which cnstitute the majrity f the prducers in Nrth America and the wrld: Bst Oxygen, LLC Oxygen Plus, Inc. O-Puff Simply Breathe, Ltd. Verve Air Radic8 Ltd. 2nd Wind Oxygen Bars OxygenBars.cm The CCSB s classificatin prpsal fr recreatinal xygen canisters is nt supprted with verifiable evidence, cntradicts the infrmatin ROANA has n the density and characteristics f the prduct, is nt representative f a spectrum f recreatinal xygen canister cmpanies, and may nt be drawn frm a sample size that is statistically significant. Based n the ratinale abve, ROANA requests the CCSB either defers the agenda item until its next meeting when all f the relevant facts can be adequately presented t the CCSB, r accepts ROANA s late-filed materials. CCSB s decisin t act in ne f these ways wuld help ensure nly accurate and representative infrmatin wuld further the prgressin f this new, grwing cnsumer prducts categry. On behalf f ROANA, I thank yu fr yur immediate attentin t this matter. Sincerely, Jasn Sullivan ROANA Bard Member, Oversight Cmmittee Chair President, Irish Oxygen Cmpany ROANA, funded in 2013 as a nn-prfit rganizatin, is the leading assciatin fr the Nrth 4 American recreatinal xygen cmmunity dedicated t prviding cnsumer educatin, market research, industry standards and cnsultatin fr safe and ethical business practices while uniting industry leaders and cllabrating with plicymakers t enhance the presence f recreatinal xygen in Nrth America.

6 Recreatinal Oxygen Assciatin f Nrth America 3209 Galleria, #1302, Minneaplis, MN U.S.A. cc. Nancy Quattlebaum Burke, Gray Plant Mty, ROANA Legal Cunsel Kevin Kepke, ROANA Bard President Rick McVicar, ROANA Bard Member Dr. Sanja Savic Kallese, ROANA Bard Member Marie Srensn, ROANA Bard Member Lauren Carlstrm, ROANA Bard Member Jasn Sullivan, ROANA Bard Member Chad Mline, Advisr t the Bard ROANA, funded in 2013 as a nn-prfit rganizatin, is the leading assciatin fr the Nrth 5 American recreatinal xygen cmmunity dedicated t prviding cnsumer educatin, market research, industry standards and cnsultatin fr safe and ethical business practices while uniting industry leaders and cllabrating with plicymakers t enhance the presence f recreatinal xygen in Nrth America.