{"operation":"document","citation":"09-0105","title":"ShipMate, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2009-06-19","effective_on":null,"summary":"09-0105 response to ShipMate, Inc. concerning 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090105.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave. 5.E.\nWashington, D.C. 20590\nMr. Steven Charles Hunt\nShipMate, Inc.\n780 Buckaroo Trail, Suite D\nSisters, OR 97759-0787\nRef. No.: 09-0 105\nDear Mr. Hunt:\nThis responds to your letter regarding exceptions for the transportation of accumulators on\nboard a passenger-carrying aircraft under the Hazardous Materials Regulations (HMR; 49\nCFR Parts 17 1 - 180) and the International Civil Aviation Organizations Technical Instruction\nfor the Safe Transport of Dangerous Goods by Aircraft (ICAO Technical Instructions).\nSpecifically, you ask for confirmation of your understanding that accumulator devices are not\nsubject to the HMR, provided the accumulators meet all of the requirements of\n€j 173.306(0(4), in addition to Special Provision \"A 1 14\" under the ICAO Technical\nInstructions.\nYour understanding is correct. Accumulators intended to function as shock absorbers, struts,\ngas springs, pneumatic springs or other impact or energy-absorbing devices are not subject to\nthe HMR, provided they meet the criteria as specified in €j 173.306(0(4). In addition,\narticles, containing gas, intended to function as shock absorbers, including impact energy\nabsorbing devices, or pneumatic springs are not subject to the ICAO Technical Instructions,\nprovided they meet the conditions of Special Provision \"A1 14,\" when shipped by aircraft.\nI hope this satisfies your inquiry. If we can be of further assistance, please contact us.\nSincerely,\nief, Standards Development\nMaterials Standards\n\n<<<PAGE 2>>>\n\nShipMate, Inc.\n780 Buckaroo Trail, Suite D\nSisters, OR 97759-0787\nPhone: +1 (3 10)-370-3600\nFax: +I (3 10) 370-5700\nE-mail: shipmate@shipmate.com\nMay 1,2009\nMr. Edward T. Mazzullo\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, SE\nEast Building, 2nd Floor\nWashington, DC 20590-000 1\nSubj: Request for Letter of Interpretation\nDear Mr. Mazzullo:\nSteven Charles Hunt, ShipMate, Inc., on behalf of the Petitioner, Kawasaki Racing, 9950 Jeronimo Rd,\nIrvine, CA 92618, Tel: +1 (949) 770-0400 x 2459, Fax: +1 (949) 460-5791, Attn: Diane Porte, is submitting\nthis request.\nThe Petitioner respectfully requests a letter of interpretation regarding the carriage of accumulators on board\npassenger-carrying aircraft as not regulated for transportation.\nThe Petitioner, Kawasaki Racing, needs to transport the pressurized accumulators between races; however,\nsmall package dispatch services are often not available to deliver these parts in time for the race.\nConsequently, the Petitioner is requesting a letter of interpretation which confirms that these devices are not\nregulated as hazardous materials, provided that all of the requirements of 49 CFR §173.306(f)(4) are complied\nwith which state:\nAccumulators intended to function as shock absorbers, struts, gas springs, pneumatic springs or other\nimpact or energy-absorbing devices are not subiect to the reauirements of this subchavter provided\neach:\n(i) Has a gas space capacity not exceeding 1.6 L and a charge pressure not exceeding 280 bar, where\nthe product of the capacity expressed in L and charge pressure expressed in bars does not exceed 80\n(for example, 0.5 L gas space and 160 bar charge pressure);\n(ii) Has a minimum burst pressure of 4 times the charge pressure at 20' C for products not exceeding\n0.5 L gas space capacity and 5 times the charge pressure for products greater than 0.5 L gas space\ncapacity;\n(iii) Design type has been subjected to a fire test demonstrating that the article relieves its pressure by\nmeans of a fire degradable seal or other pressure relief device, such that the article will not fragment\nand that the article does not rocket; and\n(iv) Accumulators must be manufactured under a written quality assurance program which monitors\nparameters controlling burst strength, burst mode and performance in a fire situation as specified in\nparagraphs (f)(4)(i) through (f)(4)(iii) of this section. A copy of the quality assurance program must\nbe maintained at each facility at which the accumulators are manufactured.\nHazardous Materials Tralnlng + Information Systems + Compliance Inspections (L Audits + Shipping 8 Regulatory Software\n\n<<<PAGE 3>>>\n\nSubj: Mr. Edward T. Mazzullo\nRequest for Letter of Interpretation\nMay 1,2009\nPage 2 of 2\nThe Petitioner fully complies with all of the requirements above as well as the International Civil Aviation\nOrganization (ICAO) Technical Instructions for the Transport of Dangerous Goods by Air, Special Provision\nA1 14.\nYour assistance in this matter would be most appreciated. If I may be of assistance in any way, please call.\nWe look forward to your response.\nShipMate, Inc.\ncc: Ms. Diana Porte, Kawasaki Racing\nHazardous Materials Training + Information Systems + Compliance Inspections 8 Audits + Shipping 8 Regulatory Software","truncated":false,"body_characters":4935}