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Interpretation Response #20-0096

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

Interpretation Response Details

Response Publish Date:

Company Name: NEX-XOS Worldwide, LLC

Individual Name: Saul Mishkin

Location State: FL Country: US

View the Interpretation Document

Response text:

July 6, 2021

Mr. Saul Mishkin
President – CEO
NEX-XOS Worldwide, LLC
3922 Pembroke Road
Pembroke Park, FL  33021

Reference No. 20-0096

Dear Mr. Mishkin:

This letter is in response to your December 11, 2020, letter and subsequent phone call requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to flammable ration heaters (FRH) used in Individual Operational Rations, e.g., meal, ready-to-eat (MRE). Specifically, you provide the following information and ask whether the aluminum-based FRH contained in Individual Operational Rations, including but not limited to MREs, is subject to the HMR.

  • Your company manufactures an aluminum-based FRH, which is analogous to magnesium-based FRHs used in MREs sold by others in the industry;
  • Your aluminum-based FRH contains "UN2813, Water-reactive solid, n.o.s., (Aluminum powder, uncoated), 4.3, II"; and
  • Depending on the size of your aluminum-based FRH, it contains either 7 or 14 grams of aluminum.

The answer is yes. Please note that the aluminum-based FRH—as part of the MRE—may be described and transported as "UN3363, Dangerous goods in apparatus, 9." A UN3363 material is subject to special provision 136. In accordance with § 172.102(c)(1), special provision 136 specifies that the Associate Administrator may except from the HMR a UN3363 material that meets certain conditions; specifically, if: (1) it is shown that it does not pose a significant risk in transportation; (2) the quantities of hazardous material(s) do not exceed those specified in § 173.4a; and (3) the equipment, machinery, or apparatus conforms with § 173.222.

To apply for such an approval, you must submit an application in conformance with approval requirements found in 49 CFR Part 107, Subpart H. For more information on the approval application process, visit our website at

I hope this information is helpful. Please contact us if we can be of further assistance.


Dirk Der Kinderen
Chief, Standard Development Branch
Standards and Rulemaking Division

172.102(c)(1), 173.4a, 173.222

Regulation Sections

Section Subject
172.102 Special provisions
173.222 Dangerous goods in equipment, machinery or apparatus
173.4a Excepted quantities