{"operation":"document","citation":"06-0257","title":"Broco, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-01-25","effective_on":null,"summary":"06-0257 response to Broco, Inc. concerning 173.222.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0257.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0257.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-06-0257","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2006/060257.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety Administration\nJAN 2 5 2007\nM:: Tom Joos\nRef. No.: 06-0257\n10868 Bell Court\nBroco, Inc.\nRarcho Cucamonga, CA 91730\nDear Mr. Joos:\n\"Dangerous Goods in Machinery\" or \"Dangerous Goods in Apparatus\" under the Hazardous\nThis is in response to your November 9, 2006 letter regarding the classification and packaging of\nMaterials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and\nanswered as follows:\nQ1. May a device classified and described as \"Dangerous goods in apparatus, UN3363\" be\ntransported via aircraft?\nAl\nYes. Provided the requirements specified in § 173.222 are met, all applicable\nany materials forbidden for transportation via passenger or cargo aircraft (es applicable),\nrequirements specific to aircraft transportation are met, and the device does not contain\na device described as \"Dangerous goods in apparatus, 9, UN3363\" may be transported\naboard aircraft.\nQ2.\nWhen shipped in accordance with Special provision 136, are there any other markings\nand \"UN3363\"?\nrequired for Dangerous goods in apparatus other than \"Dangerous goods in apparatus\"\nA2. All applicable marking requirements specified in Part 172, Subpart D must be met.\nQ3.\nWhen shipped under the terms of an approval issued by the Associate Administrator, are\nthere any other markings required for Dangerous goods in apparatus other than\n\"Dangerous goods in apparatus\" and \"UN3363\"?\nA3.\nSee A2. In addition, the approval may contain additional marking requirements.\nQ4.\nshipment of five steel pails)?\nAre there any additional requirements when shipping multiple packages (e.g., the\nA4.\nEach package must meet all applicable packaging, marking, and labeling requirements.\nIn addition, requirements specific to overpacks are in § 173.25.\n173222\n060257\n\n<<>>\n\nQ5.\nProvided the specification packaging requirements are met, may we classify a device as\nClass 9, \"Dangerous goods in apparatus, UN3363\" when transported internationally by\nA5. Yes. The description \"Dangerous goods in apparatus, UN3363\" appears in the\nInternational Maritime Dangerous Goods (IMDG) Code and may be used for\ninternational cargo vessel transportation.\nFer consideration to modify your approval (EX2006050157), you must send a formal request,\nlevel of safety that is at least equal to your current approval, to: Associate Administrator for\nwith written documentation demonstrating that the proposed packaging alteration will achieve a\nHazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S.\nDepartment of Transportation, 400 7th Street, S.W., Washington, DC 20590-0001, Attention:\nPHH-32, Room 8102.\nI hope this information is helpful. If you have further questions, please do not hesitate to contact\nthis office.\nSincerely,\ntits\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nMessage\nPollack\nPage 1 of 6\n$/13.222\nDangerous Goods\nDrakeford, Carolyn «PHMSA>\n06-0257\nFrom: Mazzullo, Ed \nSent:\nMonday, Nover ber 13, 2006 9:26 AM\nTo:\nDrakeford, Caro'yn \nCc:\nBetts, Charles ; Gale, John ; Gorsky, Susan ; Mazzullo, Ec\n; Mitchell, Hattie \nCc: Monroe, Carol \nTo: 'Tom Joos'\nSubject: RE: EX2006050157, BROCO RAPIDFIRE CUTTING ROD IGNITER\nWe wil reconsider your packaging note as you requested. Your separate questions on the\ninterpretations regarding 49 CFR Section 173.222 should be addressed to Mr. Ed Mazzullo, Director of\nHazarcous Materials Standards in writing.\nWork Phone: 202-366-8830\nSpence Watson\nWork Fax: 202-366-3650\n-•--Original Message-.-..\nFrom: Tom Joos [mailto:tjoos@brocoinc.com]\nTo: Watson, Spencer < PHMSA>\nSent: Wednesday, November 08, 2006 3:28 PM\nSubject: EX2006050157, BROCO RAPIDFIRE CUTTING ROD IGNITER\nCc: Monroe, Carol \nDear Dr. Watson:\nmodification to the packaging notes for the above EX classification and to request shipping\nPer the instructions cf Ms. Carol Monroe I am writing to you with Broco's request for\ninstructions for devices shipped under that classification.\nWhen notice of the Class 9 designation was received by Broco I had questions concerning\ndomestic and foreign shipping by air, truck or vessel and so contacted your offices and ended up\ncorresponding with Mr. Duane Cassidy. (Copies of said correspondence follows)\nObjectives as per my letter of 23 June:\n1. Amend packaging notes to allow 20 foil pouch inner packaging per UN 1A2 steel pail;\n11/13/2006\n\n<<>>\n\nMessage\nPage 2 of 6\nand 6 foil inner packaging per UN 4G fiberboard box.\nOther questions for clarification were:\n2. Agreement that under the Class 9, UN 3363 shipment by air is perm ted for this device.\nCLASSIFICATION OR LESS, IS THE ONLY REQUIREMENT FOR LABELING/MARKING BEING\n\" 1. IF THE CUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED IN THE\nUN3363\", WHEN TRANSPORTING BY GROUND, AS IS MY INTERPRETATION OF SPECIAL\nIDENTIFICATION OF THE MATERIAL CONTAINER AS \"DANGEROUS GOODS IN APPARATUS,\nADMINISTRATOR AND THE QUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED\n2. IF TRANSPORTATION BY AIRCRAFT IS ALLOWED BY THE ASSOCIATE\nIN THE CLASSIFICATION OR LESS IS THE ONLY REQUIREMENT FOR LABELING/MARKING\nUN3363\", AS IS MY INTERPRETATION OF SPECIAL PROVISION 136?\nTHE IDENTIFICAT ON OF THE MATERIAL AS \"DANGEROUS GOODS IN APPARATUS,\nSHIPMENT SHOULD COMPRISE MULTIPLE OUTER PACKAGES (I.E. A SHIPMENT OF 5 STEEL\n3. ARE THERE OTHER ADDITIONAL RESTRICTIONS/REQUIREMENTS IF A SINGLE\nCLASSIFICATION OR LESS)?\nPAILS, THE QUANCITIES WITHIN EACH OUTER PACKAGING BEING AS STATED IN THE\nSHIPMENTS BY OCEAN FREIGHT PROVIDED THE SPECIFIED PACKAGING REQUIREMENTS\n4. CAN WE USE CLASSIFICATION OF CLASS 9, UN3363 FOR INTERNATIONAL\nHAVE BEEN MET?\"\nstated to him in my note of 6 July, we continue to ship material under Class 4.2 until we obtain a formal\nVIr. Cassidy provided an informal opinion to these questions which Broco found favorable. However as\nreply from your office.\n1 appreciate your earlier review and decision concerning our December 8, 2005 request for approval. Broco\nclassification in a safe and responsible manner, while staving in full compliance with the laws concerni\nseeking to resolve these outstanding matters formally so that we may take advantage of tl\nhazardous materials transportation.\ncan be reached by mobile phone 909 519 9232 should you have any questions.\nThank you for giving this your consideration. I will be away from the office until Monday 13 November. I\nSincerely,\nBroco, Inc.\nTom Joos\nCORRESPONDENCE\nPRIOR\nMr. Joos,\nMonroe in our Explosives department.\nI have forwarded your request for modification to your recent EX classification to Carol\nwill review it.\nShe will process the modification and Dr. Watson\nBest Regards,\nDuane M. Cassidy\n11/13/2006\n\n<<>>\n\nMessage\nPage 3 of 6\nU.S. DOT/PHMSA\nOffice of Hazardous Materials Safety\n400 7th St. SW\nSpecial Permits and Approvals\nWashington D.C. 20590\nPhone: (202) 366-5794\nFax;\n(202) 366-3308\nFrom: Tom loos [mailto:tjoos@brocoinc.com]\n-----Original Message---\nTo: Cassidy, Duane \nSent: Thursday, July 06, 2006 12:30 PM\nSubject: RE EX2006050157; Tracking No. 2006050960\nDear Mr. Cassidy:\nThank you to your speedy confirmation of receipt of my requests. I appreciate your taking the time\nin the right direction. At this time I have no other questions. We will continue shipping the materia\nto address my questions in this impromptu (unofficial) capacity as it seems things are proceeding\nas pyrophoric with appropriate restrictions and packaging until we get the official response\ncontaining relevant shipping approvals/instructions from your office.\nI look forward to hearing from you in the near future.\nSincerely,\nBroco, Inc.\nThomas Joos\nFrom: Duane.Cassidy@dot.gov [mailto:Duane.Cassidy@dot.gov]\nTo: Tom Joos\nSent: Thursday, July 06, 2006 5:09 AM\nSubject: RE: EX2006050157; Tracking No. 2006050960\nMr. Joos.\nI can confirm receipt of the email sent Friday June 23, 2006 in regards to the BROCO EX\nour technical department was approved, however, the approval granted authorizes specific\napproval. In regards to your updated request, your original request that was reviewed by\npackaging and quantities. I will have to speak with Spender Watson in our technical\ndepartment to determine his rationale for putting those requirements in the approval prior\nto authorizing the new amounts and packaging. It will indeed require a rew approval.\nour Office of Hazardous Materials Standards and they will be able to provide you an\nAs for your questions, if you require an official response, please forward your questions to\nofficial interpretation of our regulations.\nUnofficially, and to the best of my knowledge, the answers to your questions are as\nfollows:\nauthorized in the 49 CFR you are required, under Special Provision 136, to only\n1.) You are correct. If the quantities shipped under UN3363 are equal or lesser than that\nmark/label the package with \"UN3363\" and with the proper shipping name \"Dangerous\n11/13/2006\n\n<<>>\n\nMessage\nPage 4 of 6\nGoods in Apparatus\". However the packaging must meet the requirements of 49 CFR\n173.222, or as approved by our office.\n2.) See 1.) above, however, when shipping by aircraft orientation markings are required\nwhen the material being shipped is a liquid or has liquid properties.\nbelow the maximum gross weight requirements for air shipments.\n3.) I don't believe that there are any additional requirements other than eeding to stay\n4.) Yes, provided you meet the requirements of the affected mode (i.e. The IMDG Code\nfor cargo vessel, and ICAO TI for shipments by air), and you may also require the\npermission of the Competent Authority of each country you will be shipping into ( Most\ncountries, however, will accept the U.S. classification). For shipments by cargo vessel you\nSpecial Provision 301.\nmust meet the requirements of packing instruction P907, and also meet the requirements of\nAgain, this email is an unofficial response to your questions, and may not be used to\nccompany shipment of hazardous materials. You may contact our Office o\nlazardous Materials Standards for an official interpretation of the regulation\nincluded in the 49 CFR.\nI will continue to process your request, and will keep you informed of its progress.\nBest Regards.\nU.S. DOT/PHMSA\nDuane M. Cassidy\nOffice of Hazardous Materials Safety\n400 7th St. SW\nSpecial Permits and Approvals\nPhone: (202) 366-5794\nWashington D.C. 20590\n-----Original Message-----\n(202) 366-3308\nFrom: Tom Joos [mailto:tjoos@brocoinc.com]\nTo: Cassidy, Duane \nSent: Wednesday, July 05, 2006 7:18 PM\nSubject: EX2C06050157; Tracking No. 2006050960\nDear Mr. Cassidy:\nigniter (Dangerous Goods in Apparatus) and not made clear in my earlier correspondence of 23\nFurther to my letter of 23 June requesting shipping approvals for the Broco Rap dFire cutting rod\nlimited quantities by air is the Class 4.2 material contained within the device (ac ivated iron foil)\nJune 2006 or 8 December 2005, the reason Broco feels justified in requesting approval to ship\nexhibits the characteristics of a self-heating solid in the form in which we use it (solid foil strip). And\npassenger airciaft.\nself heating sold, inorganic, n.o.s., UN3190 is approved for shipping by air on both cargo and\nPlease confirm receipt of this note and the earlier letter of 23 June.\nBroco, Inc.\nThank you and regards,\n11/13/2006\n\n<<>>\n\nMessage\nPage 5 of 6\nV.P.\nThomas Joos\nFrom: Tom Joos [mailto:tjoos@brocoinc.com]\nSent: Friday, June 23, 2006 4:17 PM\nSubject: REF: EX2006050157; TRACKING NO.: 2006050960\nTo: Cassidy, Duane \n23 JUNE 2006\nMR. DUANE CASSIDY\nOFFICE OF HAZARDOUS MATERIALS APPROVALS\nU.S. DEPARTMENT OF TRANSPORTATION\nDEAR DUANE.\nTHANKS FOR TAKING THE TIME TO SPEAK WITH ME TODAY CONCERNING THE ABOVE\nIN RESPONSE TO OUR REQUEST FOR APPROVAL DATED 8 DECEMBER. BROCO, INC.\nREFERENCED CLASSIFICATION. BROCO APPRECIATES THE ACTIONS OF THE DOT OHM\nHEREBY REQUESTS SHIPPING APPROVALS FOR THIS ITEM TO INCLUDE CLARIFICATION\nOF MODES OF SHIPPING, PACKAGING QUANTITIES AND APPROPRIATE LABELING\nWE SEEK THE OFFICE'S AGREEMENT TO THE FOLLOWING ITEMS:\n2. INTERNATIONAL SHIPMENT BY AIR;\n1. SHIPMENT WITHIN THE U.S. BY AIR.\nCLASSIFICATION LETTER AS SEALED BAG CONTAINING 5 DEVICES) SH PPED WITHIN A\n3. ALLOWABLE QUANTITY OF INNER PACKAGES (AS DEFINED BY THE\nEASILY WITHIN A 5 GAL SIZE PAIL. TOTAL NET WEIGHT OF HAZARDOUS MATERIAL\nUN1A2 STEEI. PAIL TO BE TWENTY (20). (THIS COMPRISES 10 UNITS OF SALE AND FITS\nWITHIN THE PAIL WOULD BE 8 OUNCES OR LESS.)\nFIBERBOARC BOX TO BE SIX (6). (THIS COMPRISES 3 UNITS OF SALE, THE TOTAL\n4. ALLOWABLE QUANTITY OF INNER PACKAGES SHIPPED WITHIN A UN 4G\nDIMENSIONS OF WHICH IS 9\" X 6\" X 4\", VOLUME OF 0.125 CU FT.)\nWE ALSO REQUEST ANSWERS TO THE FOLLOWING:\nCLASSIFICATION OR LESS, IS THE ONLY REQUIREMENT FOR LABELING MARKING BEING\n1. IF THE QUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED IN THE\nAPPARATUS, UN3363\", WHEN TRANSPORTING BY GROUND, AS IS MY INTERPRETATION\nIDENTIFICATION OF THE MATERIAL CONTAINER AS \"DANGEROUS GOODS IN\nOF SPECIAL PROVISION 136?\nADMINISTRATOR AND THE QUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED\n2. IF TRANSPORTATION BY AIRCRAFT IS ALLOWED BY THE ASSOCIATE\nIN THE CLASSIFICATION OR LESS IS THE ONLY REQUIREMENT FOR LABELING/MARKING\nUN3363\", AS IS MY INTERPRETATION OF SPECIAL PROVISION 136?\nTHE IDENTIFICATION OF THE MATERIAL AS \"DANGEROUS GOODS IN APPARATUS,\nSHIPMENT SHOULD COMPRISE MULTIPLE OUTER PACKAGES (I.E. A SHIPMENT OF 5\n3. ARE THERE OTHER ADDITIONAL RESTRICTIONS/REQUIREMENTS IF A SINGLE\nTHE CLASSIFICATION OR LESS)?\nSTEEL PAILS, THE QUANTITIES WITHIN EACH OUTER PACKAGING BEING AS STATED IN\nSHIPMENTS BY OCEAN FREIGHT PROVIDED THE SPECIFIED PACKAGING\n4. CAN WE USE CLASSIFICATION OF CLASS 9. UN3363 FOR INTERNATIONAII\nREQUIREMENTS HAVE BEEN MET?\nFURTHER WITH YOU ABOUT THIS.\nTHANK YOU FOR GIVING THIS YOUR ATTENTION. I LOOK FORWARD TO SPEAKING\nBROCO, INC.\nSINCERELY\n11/13/2006\n\n<<>>\n\nMessage\nPage 6 of 6\nTHOMAS JOOS\nVICE PRES DENT\n909 483 3222\n11/13/2006","truncated":false,"body_characters":14356}