Raytheon Company — Hazardous Materials Safety Interpretation

Page 1of Transportation JS. Departmen Washington, D.C. 400 Seventh Street, S.W. 20590 Research and Scimirations AUG 1 5 2002 Packaging & Shipping Manager Mr. Ted A. Rust Reference No. 02-0188 2501 W. University, M/S 8000 Raytheon Company Mckinney, TX 75070 Dear Mr. Rust: This is in response to your letter dated July 10, 2002 requesting clarification of the requirements : in §§ 173.306(e) and 173.307, under the Hazardous, Materials Regulations (HMR; 49 CFR parts 171-180). Specifically, you ask whether your device, which you refer to as a "cooler, cryogenic" meets the defining criteria for a refrigerating machine. In your letter, you describe the "cooler, cryogenic" as containing very small amounts of compressed helium gas, averaging approximately 0.005 kg of gas, pressurized to between 200 and 400 psi in a cylindrical shaped housing with a maximum capacity of 85 cc. You state that, because this device is mounted in other equipment during operation, you believe the most appropriate proper shipping name would be "Refrigerating machine, 2.2, UN2857." The HMR govern the transportation of hazardous material in commerce. Under § 173.22, it is the shipper's responsibility to properly classify a hazardous material or determine that it does not meet a hazard class definition in Part 173. It is our opinion that your device would be considered a refrigerating machine if it meets the defining criteria identified in § 173.306(e)(I)(i) thru (viii). Please note that § 173.306(e) applies to new (unused) refrigerating machines and or components thereof. In addition, we agree that your device would qualify under § 173.307(a)(4)(i). As you are aware, this provision provides that a refrigerating machine, including refrigerating machine components, containing 12 kg (25 pounds) or less of a non-flammable, non-toxic gas is not subject to the requirements of the HMR. I hope this satisfies your request. Sincerely, Hothe 2 mitchel. Hattie L. Mitchell Chief, Regulatory Review and Reinvention Office of Hazardous Materials Standards 173,306 020188#

Page 2Raytheon Betts Systems 3172.101 Company $173.306 Raytheon Company Mckinney, TX 75070 2501 W. University, M/S 8000 Mr. Edward Mazzullo Proper Shippiname Direotor, Office of Hazardous Materials Standards US Department of Transportation 100 yih Street S.W. Voshington, D.C. 20590 02-0188 10 July 2002 Dear Mr. Mazzullo: Your assistance in requested in determining the Proper Shipping Name (PSN) for a product to be shipped to While a PSN of Hellum, Compressed, Ltd. Qly. is one possibility, the Packaging Engineering Organization at Raytheon believes another PSN might more accurately describe our product. Because this product is now toud other tigerating and i used to 0 2 2, to 2a. Thined wine operation the us or Packing Belvoir, VA, and an engincoring drawing of the Cooler. We believo this information shows the cooler Attached is supporting data frorn the Night Vision and Electro Optics Division of the Army, based at Ft. qualifies as a refrigeration machine, and due to its low volume of contained helium, allows us to use 173.307(a)(4)(i). product, and the applicability of the exception stated in 173.307(a)(4)(i). We requost your ruling on whether the PSN of Rofrigeration Machine, UN2857, may be uscd for this If udditional information is needed, please contact me at 972-952-2281 (t-rust@raytheon.com), or John Hudson at 972-952-2290 (jhudson@raytheon.com). Sincerely, -972.952- 3060 Ted A. Rust Packaging & Shipping Manager Raytheon Company cc: John Hudson, Raytheon Company Attachments (2) 120d2#