Broco, Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration JAN 2 5 2007 M:: Tom Joos Ref. No.: 06-0257 10868 Bell Court Broco, Inc. Rarcho Cucamonga, CA 91730 Dear Mr. Joos: "Dangerous Goods in Machinery" or "Dangerous Goods in Apparatus" under the Hazardous This is in response to your November 9, 2006 letter regarding the classification and packaging of Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are paraphrased and answered as follows: Q1. May a device classified and described as "Dangerous goods in apparatus, UN3363" be transported via aircraft? Al Yes. Provided the requirements specified in § 173.222 are met, all applicable any materials forbidden for transportation via passenger or cargo aircraft (es applicable), requirements specific to aircraft transportation are met, and the device does not contain a device described as "Dangerous goods in apparatus, 9, UN3363" may be transported aboard aircraft. Q2. When shipped in accordance with Special provision 136, are there any other markings and "UN3363"? required for Dangerous goods in apparatus other than "Dangerous goods in apparatus" A2. All applicable marking requirements specified in Part 172, Subpart D must be met. Q3. When shipped under the terms of an approval issued by the Associate Administrator, are there any other markings required for Dangerous goods in apparatus other than "Dangerous goods in apparatus" and "UN3363"? A3. See A2. In addition, the approval may contain additional marking requirements. Q4. shipment of five steel pails)? Are there any additional requirements when shipping multiple packages (e.g., the A4. Each package must meet all applicable packaging, marking, and labeling requirements. In addition, requirements specific to overpacks are in § 173.25. 173222 060257#

Page 2Q5. Provided the specification packaging requirements are met, may we classify a device as Class 9, "Dangerous goods in apparatus, UN3363" when transported internationally by A5. Yes. The description "Dangerous goods in apparatus, UN3363" appears in the International Maritime Dangerous Goods (IMDG) Code and may be used for international cargo vessel transportation. Fer consideration to modify your approval (EX2006050157), you must send a formal request, level of safety that is at least equal to your current approval, to: Associate Administrator for with written documentation demonstrating that the proposed packaging alteration will achieve a Hazardous Materials Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 400 7th Street, S.W., Washington, DC 20590-0001, Attention: PHH-32, Room 8102. I hope this information is helpful. If you have further questions, please do not hesitate to contact this office. Sincerely, tits Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards#

Page 3Message Pollack Page 1 of 6 $/13.222 Dangerous Goods Drakeford, Carolyn «PHMSA> 06-0257 From: Mazzullo, Ed <FHMSA> Sent: Monday, Nover ber 13, 2006 9:26 AM To: Drakeford, Caro'yn <PHMSA> Cc: Betts, Charles <PHMSA>; Gale, John <PHMSA>; Gorsky, Susan <PHMSA>; Mazzullo, Ec <PHMSA>; Mitchell, Hattie <PHMSA: Subject: FW: EX200605C157, BROCO RAPIDFIRE CUTTING ROD IGNITER Carolyn Please assign for response and request specialist notify Mr. Joos we are in receipt of his request. Ed Sent: Thursday, November 09, 2006 2:57 PM From: Watson, Spencer <PHMSA> Cc: Monroe, Carol <PHMSA> To: 'Tom Joos' Subject: RE: EX2006050157, BROCO RAPIDFIRE CUTTING ROD IGNITER We wil reconsider your packaging note as you requested. Your separate questions on the interpretations regarding 49 CFR Section 173.222 should be addressed to Mr. Ed Mazzullo, Director of Hazarcous Materials Standards in writing. Work Phone: 202-366-8830 Spence Watson Work Fax: 202-366-3650 -•--Original Message-.-.. From: Tom Joos [mailto:tjoos@brocoinc.com] To: Watson, Spencer < PHMSA> Sent: Wednesday, November 08, 2006 3:28 PM Subject: EX2006050157, BROCO RAPIDFIRE CUTTING ROD IGNITER Cc: Monroe, Carol <PHMSA> Dear Dr. Watson: modification to the packaging notes for the above EX classification and to request shipping Per the instructions cf Ms. Carol Monroe I am writing to you with Broco's request for instructions for devices shipped under that classification. When notice of the Class 9 designation was received by Broco I had questions concerning domestic and foreign shipping by air, truck or vessel and so contacted your offices and ended up corresponding with Mr. Duane Cassidy. (Copies of said correspondence follows) Objectives as per my letter of 23 June: 1. Amend packaging notes to allow 20 foil pouch inner packaging per UN 1A2 steel pail; 11/13/2006#

Page 4Message Page 2 of 6 and 6 foil inner packaging per UN 4G fiberboard box. Other questions for clarification were: 2. Agreement that under the Class 9, UN 3363 shipment by air is perm ted for this device. CLASSIFICATION OR LESS, IS THE ONLY REQUIREMENT FOR LABELING/MARKING BEING " 1. IF THE CUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED IN THE UN3363", WHEN TRANSPORTING BY GROUND, AS IS MY INTERPRETATION OF SPECIAL IDENTIFICATION OF THE MATERIAL CONTAINER AS "DANGEROUS GOODS IN APPARATUS, ADMINISTRATOR AND THE QUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED 2. IF TRANSPORTATION BY AIRCRAFT IS ALLOWED BY THE ASSOCIATE IN THE CLASSIFICATION OR LESS IS THE ONLY REQUIREMENT FOR LABELING/MARKING UN3363", AS IS MY INTERPRETATION OF SPECIAL PROVISION 136? THE IDENTIFICAT ON OF THE MATERIAL AS "DANGEROUS GOODS IN APPARATUS, SHIPMENT SHOULD COMPRISE MULTIPLE OUTER PACKAGES (I.E. A SHIPMENT OF 5 STEEL 3. ARE THERE OTHER ADDITIONAL RESTRICTIONS/REQUIREMENTS IF A SINGLE CLASSIFICATION OR LESS)? PAILS, THE QUANCITIES WITHIN EACH OUTER PACKAGING BEING AS STATED IN THE SHIPMENTS BY OCEAN FREIGHT PROVIDED THE SPECIFIED PACKAGING REQUIREMENTS 4. CAN WE USE CLASSIFICATION OF CLASS 9, UN3363 FOR INTERNATIONAL HAVE BEEN MET?" stated to him in my note of 6 July, we continue to ship material under Class 4.2 until we obtain a formal VIr. Cassidy provided an informal opinion to these questions which Broco found favorable. However as reply from your office. 1 appreciate your earlier review and decision concerning our December 8, 2005 request for approval. Broco classification in a safe and responsible manner, while staving in full compliance with the laws concerni seeking to resolve these outstanding matters formally so that we may take advantage of tl hazardous materials transportation. can be reached by mobile phone 909 519 9232 should you have any questions. Thank you for giving this your consideration. I will be away from the office until Monday 13 November. I Sincerely, Broco, Inc. Tom Joos CORRESPONDENCE PRIOR Mr. Joos, Monroe in our Explosives department. I have forwarded your request for modification to your recent EX classification to Carol will review it. She will process the modification and Dr. Watson Best Regards, Duane M. Cassidy 11/13/2006#

Page 5Message Page 3 of 6 U.S. DOT/PHMSA Office of Hazardous Materials Safety 400 7th St. SW Special Permits and Approvals Washington D.C. 20590 Phone: (202) 366-5794 Fax; (202) 366-3308 From: Tom loos [mailto:tjoos@brocoinc.com] -----Original Message--- To: Cassidy, Duane <PHMSA> Sent: Thursday, July 06, 2006 12:30 PM Subject: RE EX2006050157; Tracking No. 2006050960 Dear Mr. Cassidy: Thank you to your speedy confirmation of receipt of my requests. I appreciate your taking the time in the right direction. At this time I have no other questions. We will continue shipping the materia to address my questions in this impromptu (unofficial) capacity as it seems things are proceeding as pyrophoric with appropriate restrictions and packaging until we get the official response containing relevant shipping approvals/instructions from your office. I look forward to hearing from you in the near future. Sincerely, Broco, Inc. Thomas Joos From: Duane.Cassidy@dot.gov [mailto:Duane.Cassidy@dot.gov] To: Tom Joos Sent: Thursday, July 06, 2006 5:09 AM Subject: RE: EX2006050157; Tracking No. 2006050960 Mr. Joos. I can confirm receipt of the email sent Friday June 23, 2006 in regards to the BROCO EX our technical department was approved, however, the approval granted authorizes specific approval. In regards to your updated request, your original request that was reviewed by packaging and quantities. I will have to speak with Spender Watson in our technical department to determine his rationale for putting those requirements in the approval prior to authorizing the new amounts and packaging. It will indeed require a rew approval. our Office of Hazardous Materials Standards and they will be able to provide you an As for your questions, if you require an official response, please forward your questions to official interpretation of our regulations. Unofficially, and to the best of my knowledge, the answers to your questions are as follows: authorized in the 49 CFR you are required, under Special Provision 136, to only 1.) You are correct. If the quantities shipped under UN3363 are equal or lesser than that mark/label the package with "UN3363" and with the proper shipping name "Dangerous 11/13/2006#

Page 6Message Page 4 of 6 Goods in Apparatus". However the packaging must meet the requirements of 49 CFR 173.222, or as approved by our office. 2.) See 1.) above, however, when shipping by aircraft orientation markings are required when the material being shipped is a liquid or has liquid properties. below the maximum gross weight requirements for air shipments. 3.) I don't believe that there are any additional requirements other than eeding to stay 4.) Yes, provided you meet the requirements of the affected mode (i.e. The IMDG Code for cargo vessel, and ICAO TI for shipments by air), and you may also require the permission of the Competent Authority of each country you will be shipping into ( Most countries, however, will accept the U.S. classification). For shipments by cargo vessel you Special Provision 301. must meet the requirements of packing instruction P907, and also meet the requirements of Again, this email is an unofficial response to your questions, and may not be used to ccompany shipment of hazardous materials. You may contact our Office o lazardous Materials Standards for an official interpretation of the regulation included in the 49 CFR. I will continue to process your request, and will keep you informed of its progress. Best Regards. U.S. DOT/PHMSA Duane M. Cassidy Office of Hazardous Materials Safety 400 7th St. SW Special Permits and Approvals Phone: (202) 366-5794 Washington D.C. 20590 -----Original Message----- (202) 366-3308 From: Tom Joos [mailto:tjoos@brocoinc.com] To: Cassidy, Duane <PHMSA> Sent: Wednesday, July 05, 2006 7:18 PM Subject: EX2C06050157; Tracking No. 2006050960 Dear Mr. Cassidy: igniter (Dangerous Goods in Apparatus) and not made clear in my earlier correspondence of 23 Further to my letter of 23 June requesting shipping approvals for the Broco Rap dFire cutting rod limited quantities by air is the Class 4.2 material contained within the device (ac ivated iron foil) June 2006 or 8 December 2005, the reason Broco feels justified in requesting approval to ship exhibits the characteristics of a self-heating solid in the form in which we use it (solid foil strip). And passenger airciaft. self heating sold, inorganic, n.o.s., UN3190 is approved for shipping by air on both cargo and Please confirm receipt of this note and the earlier letter of 23 June. Broco, Inc. Thank you and regards, 11/13/2006#

Page 7Message Page 5 of 6 V.P. Thomas Joos From: Tom Joos [mailto:tjoos@brocoinc.com] Sent: Friday, June 23, 2006 4:17 PM Subject: REF: EX2006050157; TRACKING NO.: 2006050960 To: Cassidy, Duane <PHMSA> 23 JUNE 2006 MR. DUANE CASSIDY OFFICE OF HAZARDOUS MATERIALS APPROVALS U.S. DEPARTMENT OF TRANSPORTATION DEAR DUANE. THANKS FOR TAKING THE TIME TO SPEAK WITH ME TODAY CONCERNING THE ABOVE IN RESPONSE TO OUR REQUEST FOR APPROVAL DATED 8 DECEMBER. BROCO, INC. REFERENCED CLASSIFICATION. BROCO APPRECIATES THE ACTIONS OF THE DOT OHM HEREBY REQUESTS SHIPPING APPROVALS FOR THIS ITEM TO INCLUDE CLARIFICATION OF MODES OF SHIPPING, PACKAGING QUANTITIES AND APPROPRIATE LABELING WE SEEK THE OFFICE'S AGREEMENT TO THE FOLLOWING ITEMS: 2. INTERNATIONAL SHIPMENT BY AIR; 1. SHIPMENT WITHIN THE U.S. BY AIR. CLASSIFICATION LETTER AS SEALED BAG CONTAINING 5 DEVICES) SH PPED WITHIN A 3. ALLOWABLE QUANTITY OF INNER PACKAGES (AS DEFINED BY THE EASILY WITHIN A 5 GAL SIZE PAIL. TOTAL NET WEIGHT OF HAZARDOUS MATERIAL UN1A2 STEEI. PAIL TO BE TWENTY (20). (THIS COMPRISES 10 UNITS OF SALE AND FITS WITHIN THE PAIL WOULD BE 8 OUNCES OR LESS.) FIBERBOARC BOX TO BE SIX (6). (THIS COMPRISES 3 UNITS OF SALE, THE TOTAL 4. ALLOWABLE QUANTITY OF INNER PACKAGES SHIPPED WITHIN A UN 4G DIMENSIONS OF WHICH IS 9" X 6" X 4", VOLUME OF 0.125 CU FT.) WE ALSO REQUEST ANSWERS TO THE FOLLOWING: CLASSIFICATION OR LESS, IS THE ONLY REQUIREMENT FOR LABELING MARKING BEING 1. IF THE QUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED IN THE APPARATUS, UN3363", WHEN TRANSPORTING BY GROUND, AS IS MY INTERPRETATION IDENTIFICATION OF THE MATERIAL CONTAINER AS "DANGEROUS GOODS IN OF SPECIAL PROVISION 136? ADMINISTRATOR AND THE QUANTITIES WITHIN THE OUTER PACKAGING ARE AS STATED 2. IF TRANSPORTATION BY AIRCRAFT IS ALLOWED BY THE ASSOCIATE IN THE CLASSIFICATION OR LESS IS THE ONLY REQUIREMENT FOR LABELING/MARKING UN3363", AS IS MY INTERPRETATION OF SPECIAL PROVISION 136? THE IDENTIFICATION OF THE MATERIAL AS "DANGEROUS GOODS IN APPARATUS, SHIPMENT SHOULD COMPRISE MULTIPLE OUTER PACKAGES (I.E. A SHIPMENT OF 5 3. ARE THERE OTHER ADDITIONAL RESTRICTIONS/REQUIREMENTS IF A SINGLE THE CLASSIFICATION OR LESS)? STEEL PAILS, THE QUANTITIES WITHIN EACH OUTER PACKAGING BEING AS STATED IN SHIPMENTS BY OCEAN FREIGHT PROVIDED THE SPECIFIED PACKAGING 4. CAN WE USE CLASSIFICATION OF CLASS 9. UN3363 FOR INTERNATIONAII REQUIREMENTS HAVE BEEN MET? FURTHER WITH YOU ABOUT THIS. THANK YOU FOR GIVING THIS YOUR ATTENTION. I LOOK FORWARD TO SPEAKING BROCO, INC. SINCERELY 11/13/2006#

Page 8Message Page 6 of 6 THOMAS JOOS VICE PRES DENT 909 483 3222 11/13/2006#