{"operation":"document","citation":"09-0084","title":"Syncro Medical Innovations, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-03-21","effective_on":null,"summary":"09-0084 response to Syncro Medical Innovations, Inc. concerning 173.21.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0084.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0084.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0084","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090084.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, SE\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nM ;\\\") 2 1 ') 011\nIHH ]. LUI\nMr. Lalit Sabramanian\nProduct Engineer\nSyncro Medical Innovations, Inc.\n20 W Federal Street, Suite M5B\nYoungstown, OH 44503\nReference No. 09-0084\nDear Mr. Sabramanian:\nThis is in response to your letter concerning the provision in § 173.21(d) under the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) that forbids from transportation by aircraft\na package that has a magnetic field measurement of more than 0.00525 gauss at a distance of 4.5\nmeters (15 feet) from any surface of the package. We have paraphrased your questions and\nanswered them in the order you provided. We apologize for the delay in responding and any\ninconvenience this may have caused.\nThe HMR also authorize use of the International Civil Aviation Organization (ICAO) Technical\nInstructions for the Safe Transport of Dangerous Goods by Air (Technical Instructions) when all\nor part of the transportation of a hazardous material is by aircraft, so we have included\ninformation relative to these requirements. Under the provisions of §§ 171.22-171.24, the HMR\ngive shippers and carriers the option of preparing shipments of hazardous materials offered or\nintended for transportation by aircraft in conformance with the ICAO Technical Instructions.\n01. The earth's magnetic field is 0.5 gauss. Why then does § 173.21(d) forbid from\ntransportation by aircraft a package with a magnetic field measurement greater than\n0.00525 gauss at a distance of 4.5 meters from any surface of the package when this\nmeasurement is 100 times greater than that of the earth? Is this a typographical error or\nare the units expressed in teslas?\nAI. The magnetic field measurement in § 173.21(d) is expressed in gauss and is based on\ntests conducted by the Federal Aviation Administration (FAA) to determine when a\nmagnetic material would adversely affect the operation of an aircraft. In a 1987 advisory,\nentitled \"Preparation and Loading of Magnetic Materials for Air Transportation\"\n(enclosed), the FAA concluded a material with a measurable magnetic field of more than\n0.00525 gauss at a distance of 4.5 meters from any surface of the package can cause an\naircraft's magnetic compass or compass master unit to have \"compass deviations as high\nas 125 degrees, cause navigation errors, and jeopardize the safety of the transporting\n\n<<<PAGE 2>>>\n\naircraft.\" The FAA is especially concerned magnetic fields of this strength will affect\nolder or smaller aircraft because they may have magnetic master units located inside or\nnear their cargo compartments. Under the HMR, packages with magnetic field of\n0.00525 gauss or less at a distance of 4.5 meters are considered non-magnetic and are not\nsubject to regulation.\nEffective January 1,2011, the ICAO revised its requirements for transporting magnetic\nmaterials by aircraft in its 2011-2012 edition of the Technical Instructions. These\nchanges substantially revised the requirements for shipping magnetized material in\nformer Packing Instruction (PI) 902, moved this revised language to new PI 953, and\ndeleted PI 902. Specifically, the new requirements permit magnetized materials to be\ntransported by aircraft with magnetic field strengths that can cause a compass deflection\nof 2 degrees or more at a distance of 2.1 meters but not more than 2 degrees at a distance\nof 4.6 meters (equivalent to 0.418 amperes per meter (Aim) or 0.00525 Gauss measured\nat a distance of 4.6 meters). Also, PI 953 excepts magnetized materials from all other\nrequirements under the ICAO Technical Instructions provided they comply with the\nfollowing:\n1) the shipper must make prior arrangements with the operator (i.e., carrier) identifying\nthe magnetized material. The dangerous goods transport document requirements of\nPart 5;4 are not applicable provided alternative written or electronic documentation\nincludes the words \"magnetized material\" in association with the description of the\ngoods;\n2) the package must bear the magnetized material handling label (as shown in Figure 524\n(enclosed) of Part 5; Chapter 3 of the 2011-2012 ICAO Technical Instructions);\n3) the operator must stow the packaged magnetized material in accordance with 7;2.10;\nand\n4)' the incident reporting requirements of 7;4.4 must be met.\nFinally, PI 953 requires magnetized material with a field strength sufficient to cause a\ncompass deflection of more than 2 degrees at a distance of 4.6 meters to be transported\nonly with the prior approval of the appropriate authority of the State (i.e., country) of\norigin and the State of the operator.\n02. If the magnetic field measurement in § 173.21(d) is not an error, is this a field value\nrelative to the earth's magnetic field of 0.5 gauss?\nA2. Yes. Also see Answer A3.\n03. Do you recommend any specific test to be able to measure magnetic field strength that is\nthis low?\nA3. The HMR do not prescribe any test methods to measure a magnetic field strength.\nPlease note, however, that the ICAO Technical Instructions provide several methods for\nmeasuring magnetic field strength in § 9.2.1(d).\n2\n\n<<<PAGE 3>>>\n\nQ4. Is any special labeling or documentation required for us to transport this package?\nA4. Under the HMR, a magnetized material is either not of sufficient magnetic strength to be\nregulated or is forbidden in transportation (see § 173.21(d)); therefore, no labels or\nshipping papers are required. However, the ICAO Technical Instructions require\nmagnetized material that is not excepted from regulation to be described on a shipping\npaper as \"UN 2807, Magnetized material, 9 (miscellaneous);\" and marked and packaged\nas prescribed in PI 953. The package must also be labeled with a MAGNETIZED\nMATERIAL label that complies with the image in Figure 5-24 discussed earlier in\nAnswer AI. Also, packages correctly labeled with the MAGNETIZED MATERIAL\nlabel under the ICAO Technical Instructions do not need to bear the Class 9\n(MISCELLANEOUS) label (see § 3.2.11).\nI hope this satisfies your request.\nSincerely,\nr-:7f7'/tt/~~~\n~ ~ e:r-:-:-~T. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\nEnclosures\n3\n\n<<<PAGE 4>>>\n\nAdvisory\nu.s. Department\nof Transportation Circular\nFederal AvtatIon\nAdmInistration\nSubject:\nPREP~R~TION ~ND LO~OING OF Date: 3-19-87 AeNo: 121-28\nM1\\GNETIC M~'r.FRV\\LC; FOR ~IR Initialtd by: l\\C~-lOO Change:\n'l'Rl\\N~PORTl\\TrON\n1. PURPOSE. This circular provides information relevant to the\npreparation and loading of magnetic materials for shipment in\ncivil aircraft. ~ir transportation of improperly located or\nimproperly shielded magnetic materials presents specific hazards\nin ~ircraft having compass master units located within the\nfuselage. Magnetic materials which are loaded in the vicinity of\na magnetic compass or compass master unit could produce compass\ndeviations as high as 125 degrees, cause navigation errors, and\njeopardize the safety of the transporting aircraft. Physical\nseparation can contribute significantly to reduce magnetic\ninterference.\n..\n2. CA~CELLl\\TIO~. l\\dvisory Circular 121-23 dated 2-10-77 is\ncancelled.\n3. REFERENCE. Title 49 of the Code of ~ederal Regulations (49\nCFR) Part l73.2l(f) strictly forbids the carriage by aircraft of\nany material which, when packaged, has a measurable magnetic\nfield of more than 0.00525 gauss when measured from any surface\nof the package at a distance of 15 feet. 49 CPR l75.85(g) states\nno person may load magnetized material (which might cause an\nerroneoQs magnetic compass reading) on an aircraft, in the\nvicinity of a magnetic compass, or compass master unit, that is a\npart of the instrument equipment of the aircraft, in a manner\nthat affects its operation. If this requirement cannot be met, a\nspecial aircraft swing and compass calibration may be required.\n4. UIC;CUC;SION. ~ material is considered to be magnetized when\nit has a magnetic field strength greater than 0.00525 gauss at a\ndistance of 15 feet from any point on the surface of the package,\nor which is of such mass that it could affect aircraft\ninstrumentation, particularly magnetic compasses. Such material\nmust be shielded to reduce the readings to a level that is no\ngreater than 0.00525 gauss before being offered for\ntransportation by aircraft.\nCertain materials with a magnetic field of less than\n0.00525 gauss were previously classified as hazardous materials.\n~uto fenders, automotive parts, metal stock and other large metal\nobjects which are not intentionally magnetic, but have acquired\nmagnetic properties during their manufacture or because of their\n-\n\n<<<PAGE 5>>>\n\n3119187\norientation with other cargo, fall into this category. Although\nslightly magnetized, such materials pose little or no\ntransportation hazard. Modern aircraft use electronic compasses\nwith magnetic compasses as backups. The sensors for magnetic\nbackup compasses are s.ufficiently distant from the cargo bays,\nthat a measurable deflection effect on the compass will not be\ncaused by the potential marginal magnetic properties of metal\nobjects such as those mentioned above.\n5. HAZARDS. The hazard associated with the carriage of\nmagnetized materials on older types of aircraft, where the\nmagnetic master units are not located outside and away from the\ncargo compartments, is that a compass deviation as great as\n125 degrees could be experienced and cause unacceptable\nnavigation errors which can jeopardize the safety of the\ntransporting aircraft.\n6. PRECAUTIONS AND RECOMMEND~TIONS.\na. When offering magnetized materials for air transportation,\nthe shipper must ensure that each package has a magnetic field\nstrength no greater than 0.00525 gauss when measured at IS feet\nfrom all surfaces of the package.\nb. The shipper should also take the following measures when.\noffering magnetized materials for air transportation: ..,\n1. Whenever possible, magnets or magnetized devices should\nbe packaged so that the polarities of each unit opposes the\nother.\n2. Keeper bars should be installed on permanent magnets to\nprevent the magnetic field from affecting the magnetic compass.\n7. LOADING REQUIREMENTS. When accepting magnetized material,\naircraft operators should ensure that the shipper verifies that\nthe maximum field strength is no greater than 0.00525 gauss when\nmeasured at IS feet f.rom all surfaces of the package. If the\naircraft being used does not have the magnetic compass master\nunit in a remote location and amply distant from the cargo hold,\nit is recommended that a special aircraft swing and compass\ncalibration be made after loading and prior to operation.\n~ircraft operators should also check their compass calibration\nwhen transporting large amounts of metal assemblies such as auto\nfenders, frames, or other material which may not be magnetic in\nthemselves but may have magnetic properties due to their\nmanufacturing process or their orientation when placed aboard the\naircraft. Cargo of this nature should be placed aboard the\naircraft as far as possible from magnetic compass master units.\n~1!:~\nDIRECTOR OF C~~AVIATION SECURITY\n\n<<<PAGE 6>>>\n\n4\n5-3-16 Part 5 Ch\n(Magnetic)\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nI\nMAGNETIZED !\nERIAL :\nI<EE~~~.~Y~~~ ~R~,A:~ ~~~,~~_ ~~T~.~T~~ ~~I~~ I\n1\nI\n1\nI\nI\n,\nColour: blue on white\nDimensions: 110 mm)( 90 mm\nFigure 5-24. Magnetized material\nColour: black'on orange\nDimensions: 120 mm )( 110 mm\nNote.- Figure 5-24 as contained in the 2007-2008 edition of these Technicalll1structions may continue to I\nbe used until 31 December 2012. '\n------------------------------------------------------------------------\"\nFigure 5-25. Cargo aircraft only\n----------------~-------------------------------------------------------------\n2011$2012 EDITION\n\n<<<PAGE 7>>>\n\nDOYf.:;~;PA, /OHI\\1S\nr:'llfT\n, ,\n09 ~PR 1 5 PN 3: I 5\nLalit Subramanian (SyncnJ \"\\1edi(.'al Inn:\",.',(.';) ;'-,'.\n20 W Federal St.. Suite MBa,\nYoungstown, OH 44503\nPhone: (234) 855-l620\n£c/m~/}OCJI1\n~ 173 ·21 (d)\nFa r biolc1en ita-zamtJII.S\nMtt·kni:t.ls\nOq-Q() 51\nL.S. Dcp<.u-tmcnl of Transportation\nPipeline and Hazardous Safety Administration\n()n'j,-e of ~hl:~Hrd()LiS Material\n1JUG :\\cw ,Jersey Ave SE\n:;:;'sl Bu;ldicg. 2nd Floor\nDC .?O590\nSubject: Request for verification of specification in 49CFR §173.21(d) [Ref. # for Letter of Interpretation - 020316]\nDear Sir/Madam:\nWe are a medical device company and our product is a magnetically-guided enteral feeding tube. We are\nrequired to ship magnetic material. Could you please get back to me on the matter described below?\n49CFR §173.21(d) states that, in order for magnetized material to be considered hazardous, the magnetic field\nmeasured at a distance of 15ft from the package must be at least 0.00525 gauss. We believe this specification\nto be in error, since the Earth's magnetic field is 0.5 gauss, which is 100x greater than this specification. We\nbelieve this is possibly a typographical error or the units are teslas and not gauss as stated?\nIf not, is this field value relative to the Earth's magnetic field of 0.5 gauss? Do you recommend any specific test\nto be able to measure field strength of this low magnitude? Finally, is there any special labeling or other\ndocumentation required in order for us to transport this package?\nThank you very much for your assistance in this matter.\nSincerely,\n~\n---\nLalit Subramanian\nProduct Engineer\nSyncro Medical Innovations, Inc.\nApril 7, 2009","truncated":false,"body_characters":13447}