# Robertshaw Industrial Products — Hazardous Materials Safety Interpretation

**Citation:** 12-0047  
**Type / status:** guidance / guidance  
**Agency:** Pipeline and Hazardous Materials Safety Administration  
**Effective:** Not stated  
**Published:** 2012-08-09

12-0047 response to Robertshaw Industrial Products concerning 172.101, 173.202, 173.4.

## Document text

<<<PAGE 1>>>

U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
1200 New Jersey Avenue SE
Washington. DC 20590
AUG 0 9 2012
Ms. Natalie Pike
Quality Manager
Robertshaw Industrial Products
1602 Mustang Drive
Maryville, TN 37801
Ref. No. 12-0047
Dear Ms. Pike:
This responds to your February 2, 2012 request for written clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of
thermal assemblies. You state that you offer for transportation thermal assemblies that are
shipped by themselves or as part of a temperature regulator. In addition, you state that
depending on the operating temperature range and bulb size required for the thermal
assembly, the chemicals and quantities may vary. Your thermal assemblies contain
chemicals such as ethyl ether, normal propyl alcohol, isopropyl alcohol, and acetone. You
also add that the thermal assemblies are filled with up to or over 1liter of liquid in each
assembly. Specifically, you ask what would be the most appropriate way to ship your
thermal assemblies by ground and air under the HMR.
The materials described in your letter could be offered for transportation as fully regulated
Class 3 (flammable liquid) hazardous materials as contained in the thermal assemblies.
For example, a thermal assembly containing acetone, could be described under the proper
shipping name "Acetone" and packaged in an authorized non-bulk packaging as prescribed
in § 173.202 of the HMR.
The HMR also provides a number of exceptions for the transportation of Class 3 materials,
based on flashpoint, quantity, and how they are packaged and offered for transportation.
Consequently, Class 3 materials may be offered for transportation and transported in
accordance with the small quantity exception provided in§ 173.4, or the limited quantity
exception provided in§ 173.150. Please note that limited and small quantity packages
intended for transportation by aircraft must also be prepared in accordance with
§§ 173.27(f) and 173.4a, respectively. If none of the HMR packaging provisions are
practical for your thermal assemblies, you may consider applying for a special permit as
prescribed in§ 107.105, or online at:
https://hazmatonline.phmsa.dot.gov/Online%20Approvals/pages/welcome.aspx. The
exceptions are described in greater detail as follows:

<<<PAGE 2>>>

Small Quantity Exception.
Under the small quantity exception prescribed in § 173.4, high-integrity packagings
containing small amounts of hazardous materials that are packaged as specified are not
subject to regulation under the HMR when transported by highway or rail. Eligible Class 3
materials are placed in inner packagings or are contained in articles in amounts up to 30
mL (1 ounce) that are further placed in strong outside packagings. The inner packagings
must not be liquid full at 55 oc (131 °F) and must have removable closures held securely
in place with wire, tape, or other positive means. Cushioning and absorbent material that
will not react chemically with the hazardous material and is capable of absorbing the entire
contents must surround either each inner packaging or the inside of the outer packaging.
The completed package must be capable of withstanding without leakage, or a substantial
reduction in effectiveness, the drop tests prescribed in§ 173.4(a)(6) from a height of 1.8
meters (5.9 feet). The gross mass of the completed package must not exceed 29 kg (64
pounds). A shipper certifies the completed package conforms to the small quantity
exception by marking the outside of the package with the statement "This package
conforms to 49 CPR 173.4."
Limited Quantity Exception.
A limited quantity is the maximum amount of a hazardous material for which there is a
specific labeling and packaging exception indicated in Column (SA) of the § 172.101
Hazardous Materials Table (HMT). See § 171.8. Section 173.150(b) authorizes Class 3
materials to be offered for transportation and transported as a limited quantity when
packaged in inner packagings containing up to 1 L (0.3 gallons) for a Packing Group II
material and up to 5 L (1.3 gallons) for a Packing Group III material, further packaged in
strong outer packagings weighing no more than 30 kg (66 pounds) gross mass. When
complete, packages must conform to the general packaging requirements prescribed in
§§ 173.24 and 173.24a. For transportation by aircraft, the Class 3 material must be eligible
for transportation aboard passenger-carrying aircraft, and the package must conform to the
general requirements for transportation by aircraft prescribed § 173.27(:f). Limited
quantity packages are excepted from labeling, unless transported by aircraft, and
placarding, as prescribed in subparts E and F of part 172, respectively.
Dangerous Good in Equipment, Machinery, or Apparatus.
The thermal assemblies you describe may be eligible for transportation as "UN3363,
Dangerous goods in apparatus," provided the requirements prescribed in § 173.222 are
met, the applicable requirements specific to air transport are met, and the devices do not
contain any materials forbidden for transportation aboard a passenger-carrying or cargo-
only aircraft, as applicable. The requirements prescribed in§ 173.222 for such articles are
in addition to any applicable requirements prescribed in§ 172.102(c)(l), Special Provision
136, for such articles.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
T. Glenn Foster
Chief, Regulatory Review and Reinvention Branch
Standards and Rulemaking Division
----~---------

<<<PAGE 3>>>

Drakeford, Carolyn (PHMSA)
From:
Sent:
To:
Subject:
INFOCNTR (PHMSA)
Thursday, February 02, 2012 10:27 AM
Drakeford, Carolyn (PHMSA)
FW: Request Formal Letter of Interpretation
Andrews
~/73 I 13
cs 113. 15 ()
~ /7 3. ;_f -
-
D~ph6rlS
Hi Carolyn]
We received the following request for a letter of interpretation.
11- -oo'-11
Victoria
Victoria Lehman
Hazmat Information Center (HMIC)
http://phmsa.dot.gov/hazmat/info-center
(202) 366-1035
From: Pike, Natalie [mailto:Natalie.Pike@invensys.com]
Sent: Thursday, February 02, 2012 9:57AM
To: INFOCNTR (PHMSA)
Subject: Request Formal Letter of Interpretation
I have spoken with a regulatory specialist but would like a formal letter of interpretation for the request below.
Thank you,
Natalie
From: Pike, Natalie
Sent: Wednesday, February 01, 2012 11:34 AM
To: 'phmsa.hm-infocenter@dot.gov'
Subject: Shipping Regulation Question
To Whom It May Concern:
I submitted this information request to PHMSA via the online feedback form on 1/26/12 but have not yet received a
response.
http ://ph msa .dot .gov /ph msa-ext/feed ba ck/HQFeed back Form. jsp
Also, the server at this website is unavailable.
http://www.phmsa.dot.gov/phmsa-ext/feedback/hazmatlnformationCenterFeedbackForm.jsp
I am sending this email in case my original request was not submitted to the correct group.
We have thermal assemblies (temperature sensing elements) that contain chemicals charged and hermetically sealed in
a metal tube1 then secured/enclosed in a metal socket. The thermal assemblies may ship by themselves or as part of a
temperature regulator. Depending on the operating temperature range and bulb size required for the thermal
assembly, the chemical and quantity vary. Chemicals include ethyl ether] normal propyl alcohol] isopropyl alchoholl and
1

<<<PAGE 4>>>

acetone. Charge volume may be 270 CC, 450 CC, 725 CC, 840 CC, etc., up to over 1 Liter if an extra long bulb is
requested. It appears that thermal assemblies using <=1.0 Liter normal propyl alcohol, for example, are excepted from
HMR requirements by 173.150{b)(2). However, it appears that ethyl ether does not have the same exception, or 173.4,
but it might be excepted under 173.13 (no barrier bags are part of the packaging). Or would it fall under "Dangerous
goods in apparatus" or another category? If thermal assemblies are shipped on their own, they are cushioned and
packaged in a corrugated, fiberboard box. If shipped as part of a regulator, units are crated and thermal elements
secured. Damage is unlikely; leakage is highly unlikely and not dangerous. We will request special permit if necessary,
but I would appreciate advice and recommendations for road and air shipping based on the information provided.
Thank you.
Thank you for your assistance.
Natalie
Natalie Pike
Quality Manager
Robertshaw Industrial Products
1602 Mustang Drive
Maryville, TN 37801
T 1.865.981.3099
F 1.865.981.3168
E Natalie.Pike@invensys.com
)!Jww.Robertshawlndustrial.com
www.Centeron.net
www.InvensysControis.com
Confidentiality Notice:
The information in this e-mail may be confidential and/or privileged and is intended for review only by the individual or organization named above. If you are not the named
recipient or an authorized representative of the named recipient, you are hereby notified that any review, use, dissemination, or duplication of this e-mail and its attachments, if
any, or of the information contained herein, is prohibited. If you have received this e-mail in error, please notify the sender immediately by return e-mail and delete this e-mail
and attachments, if any, from your system. Thank you.
2

## Provenance

- Official: Yes
- Source: <https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120047.pdf>
- Source ID: `phmsa`
- SHA-256: `83f6186f986f911598fb782a442329d9253276d907be3d16e7be9e865e4cc9da`
- Retrieved: 2026-08-20T00:59:31.977Z
- Exported: 2026-08-23T22:07:51.040Z
- Document slug: `phmsa-interpretation-12-0047`

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