{"operation":"document","citation":"08-0130","title":"Thermo Fisher Scientific — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2008-07-22","effective_on":null,"summary":"08-0130 response to Thermo Fisher Scientific concerning 173.306, 173.307.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0130.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0130.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-08-0130","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2008/080130.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590\nJUL 2 2 2008\nMr. Gene Sanders, DGSA\nDangerous Goods Transportation Specialist\nThermo Fisher Scientific\n2000 Park Lane\nPittsburgh, PA 15275\nRef. No.: 08-0130\nDear Mr. Sanders:\nThis is in response to your May 7,2008 letter requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171 - 180) applicable to refrigerating machines.\nYour scenario involves the classification of a refrigerating machine containing two types of\nrefrigerant gases, one a Division 2.1, flammable gas and the other a Division 2.2, non-\nflammable, non-poisonous gas, in separate compressors. Specifically, you ask for the most\nappropriate description for the reffigerating machine specified above and how to determine\nthe applicability of the compressed gas exceptions for reffigerating machines in 9 173.307.\nUnder 5 173.22, it is the shipper's responsibility to properly class and prepare a hazardous\nmaterial for shipment. This Office does not perform that fbnction. However, based on the\ninformation provided in your letter, it is the opinion of this Ofice that you may be able to take\nadvantage of the exception in 5 173.307(a)(4)(iii). When determining the applicability of\n5 173.307(a)(4)(iii), the combined weight of both gases must be less than 12 kg (25 pounds).\nPlease note that the paragraph (a)(4)(iii) exception does not authorize air shipments.\nIf your refrigerating machine exceeds the 12 kg (25 pounds) gas limitation for the exception\nin 5 173.307(a)(4)(iii), the machine may be shipped under the terms of a special permit or in\naccordance with 5 173.306(e). Please refer to Part 107, Subpart B, 5 107.105 for procedures\n\n<<>>\n\nfor applying for a special permit. If you are able to ship the refrigerating machine in\naccordance with 5 173.306(e), you may describe it as \"UN3358, Refrigerating machines, 2.1 .\"\nI hope this information is helpful. If you have further questions, please do not hesitate to\ncontact this office.\nSincerelv.\nHattie L. Mitchell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<>>\n\nPrecedence of Hazard for Refrigerating Machines\nDrakeford, Carolyn \nw-\"--\"- m- .\"--*b*-*- -. -\"-- ----- - -- *---~-\nFrom: Gorsky, Susan \nSent: Wednesday, May 07,2008 3:09 PM\nTo: Drakeford. Carolvn \n- ~\nSubject: FW: Precedence of Hazard for Refrigerating Machines\nFrom: Sanders, Gene [mailto:gene.sanders@thermofisher.com]\nSent: Wednesday, May 07, 2008 2:56 PM\nTo: Gorsky, Susan \nCc: Richard, Bob ; Richard, Bob ; Richard, Bob ; Mayfield, John\nSubject: Precedence of Hazard for Refrigerating Machines\nHello Susan Gorsky,\nA certain refrigerating machine (refrigerator) functions by cooling in multiple stages. The refrigerant gas in\neach stage is separately and independently contained, so that there is no mixing between the refrigerant gases\nfrom different stages. The refrigerant gas in one stage is non-flammable and non-toxic, while the refrigerant gas\nin another stage is non-toxic but is flammable. This message seeks clarification of the proper transport\nclassification for the refrigerator as a whole. It is assumed that use of exceptions should not be considered until\nthe basic classification(s) has(have) been determined.\nOne argument that could be made is that the refrigerator is one discrete article. Thus, both refrigerant gases\nwould be inside one 'container', and the provisions of 49CFR 173,2a(a) could be used to determine that 2.1 is the\nprimary hazard. 49CFR 173.1 15(b)(2) would then dictate that there be no subsidiary 2.2 risk, and the one basic\ndescription most appropriate for the refrigerator would probably be UN3358, Refrigerating machines, 2.1. This\ndoesn't make sense intuitively, though, because if the hazardous materials (gases) are kept separate then they\nare probably separate hazardous materials requiring separate classification.\nAnother argument that could be made is that each compressor and associated tubing is a discrete inner\ncontainer, and that each stage's compressor is a refrigerating machine on its own. Thus, this refrigerator would\nhave two different basic descriptions, probably UN2857, Refrigerating machines, 2.2, and, UN3358, Refrigerating\nmachines, 2.1. Both descriptions would appear on the shipping paper, which may cause some confusion, as\nthose reading the shipping paper may expect to find two separate refrigerators. The refrigerator itself would have\nto be 'dual-marked', and would bear both a 2.2 and 2.1 label. Having these two labels may cause confusion, as\n173.1 15(b)(2) may appear to be applicable to those not familiar with the details of the inner workings of the\nrefrigerator. It also seems that adding UN2857 and 2.2 to existing UN3358 and 2.1 hazard communication would\nnot present any additional increase in safety.\nA third argument could be made that a refrigerating machine classification is analogous to a Chemical Kit or\nConsumer Commodity classification. That is, one or more 'base' classifications must be determined before the\nalternative classification can be considered. Thus, the classification for the refrigerant gas in each different stage\nmust first be determined as if they were enclosed in gas cylinders, (e.g. UN1030, I ,I-Difluoroethane, 2.1, and,\nUW1078, Refrigerant Gases, n.0.s. (xxx, yyy), 2.2). Then, because the gases are not contained in cylinders, but\nin compressors in a larger article, reclassification into UN3358 or UN2857 can be considered. Obviously, if there\nis only one stage, reclassification into UN3358 or UN2857 is simple. If there are multiple stages, and all the\nstages include flammable gases, or if all the stages include non-flammable gases, then the reclassification is\nsimple.\nThermo Fisher believes that the third argument is the most sensible and reasonable. It avoids the 'common\nsense' problems with the first argument, and avoids the confusing additional hazard communication of the second\nargument. It is consistent with established \"re-classification\" procedures already in wide-spread use. The main\npiece missing is clear regulatory guidance that UN3358 is an appropriate re-classification when the refrigerating\n\n<<>>\n\nPrecedence of Hazard for Refrigerating Machines Page 2 of 2\nmachine contains both 2.1 and 2.2 gases in separate stages (or compressors). Minor revision to the wording of\n173.307(a)(4) may also be desirable.\nDo you agree that UN3358, Refrigerating machines, 2.1 is an appropriate transport classification for this\nrefrigerator without UN2857?\nAssuming you agree to the preceding question, do you agree that the total quantity of all refrigerant gases in\nthe entire refrigerator should be used when considering the applicability of the 173.307(a)(4)(iii) exception to the\nrefrigerator?\nThank you for your assistance. If you would like a formal request for a rule-making to deal with this issue,\nplease let us know.\nCheers,\nGene Sanders, DGSA\nDangerous Goods Transportation Specialist\nThermo Fisher Scientific\n2000 Park Lane\nPittsburgh, Pa. 15275 USA\nGene.Sanders@ThermoFisher.com\n41 21490-8934, cell 41 21498-2458, fax 41 21490-8930\n--- -- <\nI ,","truncated":false,"body_characters":7272}