McCarthy, Sweeney & Harkaway, P.C. — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation 400 Seventh St., S.W. Research and Washington, D.C. 20590 ecial Program ministratic SEP 2 9 2003 Mr. Lawrence W. Bierlein Ref. No. 03-0167 McCarthy, Sweeney & Harkaway, P.C. Suite 600 2175 K Street, N.W. Washington, D.C. 20037 Dear Mr. Bierlein: This responds to your June 23, 2003, letter requesting clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to capillary tube thermostats produced by Therm-O-Disc, a division, of Emerson Electric. Specifically, you ask for concurrence that these thermostats containing a small amount of flammable liquid charging material, sealed within each control, and packaged as described, are not regulated under the HMR. According to your letter, these thermostats are used in baseboard heater applications. Expansion and contraction of the charging fluid in a fine tube, under varying temperatures, exerts pressure on a bellows diaphragm located in the metal cup. This activates the switching of the control. These thermostat controls are manufactured in various temperature control ranges and tube lengths. The lower temperature-rated controls utilize methanol and water as a charging mixture that is drawn into the small copper tubing during manufacture. Fluid volumes are very small, with the least material holding approximately 1 milliliter of charging liquid, and up to 4.4 milliliters in the largest version. The entire unit is hermetically sealed under vacuum. The units are packed in a fiberboard carton with 200-400 units per carton, each separated from the others in an egg-crate style inner packaging configuration, with a solid fiberboard divider separating the layers within the cartón. Each control is physically separated from the other controls on all six sides. The units are sealed and do not leak. If one were broken, capillary action would tend to hold the small amount of charging fluid inside the control. Under § 173.22, it is the shipper's responsibility to properly class and describe a hazardous material. his Ottice does not generally pertorm that function. According to your letter, your capillary tub hermostats contain methanol (Class 3, Flammable liquid) and water used as a charging mixture Section 173.150(e) permits aqueous solutions of alcohol containing 24 percent or less alcohol by volume and no other hazardous material to be reclassed as a combustible liquid. Further, under § 173.150(e), an aqueous solution containing 24 percent or less alcohol by volume and no other 171.1 030167#

Page 2hazardous material is excepted from the HMR if it contains no less than 50 percent water. You did not provide more specific information on the methanol and water mixture to enable this Office to provide you with a more specific opinion on the hazard class of these thermostats. However, based on the information you provided, if the capillary tube thermostats containing small amounts of the methanol and water charging mixture do not meet the hazard class defining criteria in Part 173, and are not a hazardous waste, hazardous substance, or marine pollutant, they are not subject to the HIMR. I hope this answers your inquiry. Sincerely, Susan Gorsky Senior Transportation Specialist Office of Hazardous Materials. Standards#

Page 3DOUGLAS M. CANTER LAWRENCE W. BIERLEIN LAW OFFICES MCCARTHY, SWEENEY & HARKAWAY, P.C. JOHN M. CUTLER, Jr. SUITE 600 (202) 775-5574 FACSIMILE 2175 K STREET, N.W. WASHINGTON, D.C. 20037 MSH@MSHPC.COM E-MAIL. CHANNING D. STROTHER, Jr. (202) 775-5560 WEBSITE KAREN R. O'BRIEN OF CoUNSEL. HTTP://wWW.MSHPC.COM June 23, 2003 Boothe 3171.1 Mr. Edward Mazzullo, Director Office of Hazardous Materials Standards Applicability Research & Special Programs Administration Department of Transportation 03-0167 Washington, DC 20590 Dear Mr. Mazzullo: your review of their capillary tube thermostats to determine whether this product contains On behalf of Therm-O-Disc, a division of Emerson Electric, I would appreciate material in a quantity and form that is subject to the hazardous materials regulations. I have a sample of this type of control in my office if you would like to examine it. These controls are used in baseboard heater applications. Expansion and contraction of the charging fluid in a fine tube, under varying temperatures, exerts pressure on a bellows diaphragm located in the metal cup. This activates the switching of the control. See the attached drawing for a representative configuration. and tube lengths. The lower temperature-rated controls utilize methanol and water as a These capillary controls are manufactured in various temperature control ranges charging mixture that is drawn into the small copper tubing during manufacture. Fluid volumes are very small, with the least material holding approximately 1 milliliter of charging liquid, up to 4.4 milliliters in the largest version. The entire unit is hermetically sealed under vacuum. The units are packed in a fiberboard carton with 200-400 units per carton, each separated from the others in an egg-crate style inner packaging configuration, with a solid fiberboard divider separating the layers within the carton. In other words, each control is physically separated from each other control on all six sides. The units are sealed and do not leak. If one were broken, which is difficult to do, capillary action tends to hold the small amount of charging fluid inside the control.#

Page 4example of one in my office if you would care to view it. Attached is a representative drawing of one of these devices. I also have an within each control and packaged as described is in a quantity and form that does not I would appreciate your concurrence that the small amount of this material, sealed pose a hazard in transportation and, therefore, these articles are not subiect to the hazardous materials regulations. Please contact me if you have any questions on this request. Sincerely;#

Page 599.19 PARAMUS, NEW JERSEY WM INDUSTRIES, INC. - 1.50 0.170 - BLACK 54038 1.688 2.00 1.563 BLACK 54038 0.50+0.10 6.5₺0.50 $1.24 0.66 0.37 T /1.21- 10H11 221437 L230F # DATE 140+25 BELLOWS ASSEMBLY PART NO. 113830 - $0.075 BE INCLUDED WITH EACH SHIPMENT CERTIFICATE OF CONFORMANCE TO NO. 1441/30 WIRE WITH 1/32 TK. 105° C PVC ODORLESS INSULATION THERMODISC® TYPE 10H11 221437 MANSFIELD, OHIO OPEN TEMP. 230 ‡ 15°F TSH REVISIONS 1-29-01 APPROVALS 1-31-01 SCALE DON 1/31/01 FULL 221437#