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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #06-0257 ([Broco, Inc.] [Mr. Tom Joos ])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Broco, Inc.

Individual Name: Mr. Tom Joos 

Location State: PA Country: US

View the Interpretation Document

Response text:

Jan 25, 2007


Mr. Tom Joos                 Reference No. 06-0257
Broco, Inc.
10868 Bell Court
Rancho Cucamonga, CA 91730

Dear Mr. Joos:

This is in response to your November 9, 2006 letter regarding the classification and packaging of “Dangerous Goods in Machinery” or “Dangerous Goods in Apparatus” under the Hazardous 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 requirements specific to aircraft transportation are met, and the device does not contain any materials forbidden for transportation via passenger or cargo aircraft (as applicable), 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 required for Dangerous goods in apparatus other than “Dangerous goods in apparatus” and “UN3363”?

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.      Are there any additional requirements when shipping multiple packages (e.g., the shipment of five steel pails)?

A4.      Each package must meet all applicable packaging, marking, and labeling requirements, In addition, requirements specific to overpacks are in § 173.25.

Q5.      Provided the specification packaging requirements are met, may we classify a device as Class 9, “Dangerous goods in apparatus, UN3363” when transported internationally by vessel?
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.

For consideration to modify your approval (EX2006050157), you must send a formal request, with written documentation demonstrating that the proposed packaging alteration will achieve a level of safety that is at least equal to your current approval, to: Associate Administrator for H 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.



Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.222 Dangerous goods in equipment, machinery or apparatus