{"operation":"document","citation":"09-0113","title":"Murphy Industries — 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":"09-0113 response to Murphy Industries concerning 173.222, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0113.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0113.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-09-0113","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2009/090113.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n12QO New Jersey Ave. S.E.\nWashington, D.C. 20590\nJUN 1 9 2009\nMs. Alecia Rice\nLogistics manager\nMurphy Industries\n53 1 1 S. 122\" E Avenue\nTulsa, OK 74 146\nRef, No. 09-0 1 13\nDear Ms. Rice:\nThis responds to your February 26,2009 request for clarification on the applicability of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 17 1-1 80). Specifically, you ask if the\ntemperature gauges manufactured by your company are regulated as hazardous materials\nunder the HMR.\nAccording to your letter, you manufacture temperature gauges for installation onto a\ncustomer's engine or engine-driven equipment and in control/monitoring panels. The gauges\nfunction on vapor tension. The chemical contents are housed in the bulb, capillary tubing,\nand pressure sensing diaphragm or bourton tube of your products. You state that your\ntemperature gauges may contain a minimum of 0.2 mL to a maximum of 29.1 mL of one of\nthe following hazardous materials: (1) dichloromethane; (2) 1, 1, 1 , 2 -tetrafluoroethane\n(Suvaal34); (3) xylene; (4) 1 -chloro- l,2,2,2, -tetrafluoroethane (SuvaB124); or (4) n-\npropanol alcohol. You ask if the temperature gauges may be excepted from HMR\nrequirements in accordance Special Provision 136 in 8 172.10 1.\nAmong other requirements, Special Provision 136 provides that the Associate Administrator\nmay except machinery, equipment, and apparatus containing hazardous materials from the\nHMR provided: (1) it is shown that the hazardous material does not pose a significant risk in\ntransportation; (2) the quantities of hazardous materials contained in the equipment,\nmachinery, or apparatus do not exceed those specified in 5 173.4 of the HMR; and (3) the\nequipment, machinery, or apparatus conforms with 8 173.222 of the HMR. Based on the\ninformation provided in your letter, we agree that the hazardous materials contained in your\ndevices do not pose a significant risk in transportation. Moreover, the quantities of\nhazardous materials contained in the devices are below the limits specified in 8 173.4 and the\ndevice conforms to the packaging requirements specified in 5 173.222. Therefore, we agree\nthat the temperature gauges meet the criteria for the exception provided in Special Provision\n136.\n\n<<<PAGE 2>>>\n\nThe exception specified in Special Provision 136 requires the approval of the Associate\nAdministrator of Hazardous Materials Safety. We understand that PHMSA's Office of\nHazardous Materials Special Permits and Approvals is currently processing your application\nfor an approval in accordance with 49 CFR Subpart H, Part 107, 5 107.705, \"Registrations,\nreports, and applications for approval.\"\nI hope this answers your inquiry.\nSincerely,\nf, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\nFebruary 26,2009\nAssociate Administrator for Hazardous Materials Safety\nPHMSA\nU.S. DOT\nAttention: PHH-32\n1200 New Jersey Avenue\nSE East Building, 2nd Floor\nWashington, DC 20590\nI am writing to request your department to please issue an opinion and interpretation on the shipping of\nour temperature gauge products relative to the hazardous materials classification. I would like to\ndetermine if our products are subject to the Hazardous Material Regulations as outlined in 49 CFR Parts\n171-180 and receive exception approval as possible. I have included specific information about our\nproducts to help make your determination.\nCom~anv Information\nMurphy lndustries is headquartered in Tulsa, Oklahoma. Our company provides equipment\nmanagement, monitoring and control solutions. Murphy lndustries offers hundreds of products that\nmonitor and control compressors, pumps, generators, and more. A few of our product lines, as specified\nbelow, utilize a minimal amount of hazardous material in the product.\nOur products are shipped from our Tulsa location to both domestic and international locations. We ship\nto a combination of customers and master distributors. Our products are shipped via multiple modes of\ntransportation including air, ground and sea transport.\nProduct Use\nOur control, monitoring, and protective systems for engines, engine-driven equipment, and electric\nmotor driven equipment monitor the operating parameters of this equipment. Our gauges are typically\ninstalled onto a customers' engine or engine-driven equipment, and in control / monitoring panels.\nProduct Contents\nOur gauges function on vapor tension. When heat is applied to the bulb, the chemical expands and this\nexpansion is transmitted via the capillary to a diaphragm in the gauge head. The diaphragm transmits\nthis signal after it is amplified to a mechanism which drives the pointer up the gauge scale.\nThe chemical contents are housed in the bulb, capillary tubing, and pressure sensing diaphragm or\nBourdon tube of our products. The bulb, capillary tubing, and pressure sensing assemblies are made out\nof copper, brass or stainless steel. These parts are soldered together to form a capsule that will be filled\nwith the appropriate chemical for the range of the gauge. The fill process consists of evacuating the\nhead/capillary/bulb capsule and filling via gravity feed or by pressure. After filling, the capsule is sealed\nand tested to identify any leaks. Under these circumstances, leaks would be identified before the\nproduct left our facility.\nDichloromethane is used in our temperature gauges ranging from 220°F to 320°F.\nSuva 134 is used in our temperature gauges in the 160°F range.\nXylene is used in our temperature gauges in the 440°F range.\nFW Murphy\nPO Box 4702413 Tulsa, OK 74143 lJSA Tel. 918 :3i7..4100\n531 1 S. j.221.id East. kvn. Ti~lcia, OK 73146 iJSA Fax 918 3 17-*266\n\n<<<PAGE 4>>>\n\nMURPHY..\nSuva 124 is used in our SPL temperature gauges in the 250°F range.\nN-Propanol Alcohol is used in our SPL temperature gauges in the 450°F range.\nBased on the manufacturing process, the risk of the chemicals escaping the product is minimal. These\nproducts do not pose a significant risk during transportation. The number of products received back on\nwarranty or repair returns that have been physically damaged or abused is a very small portion on the\nquantity of products sold.\nPackaging Details\nOur temperature gauges are wrapped in a strip of perforated foam which is torn off at the appropriate\nlength to fully protect the gage. A paper bulletin is enclosed and each gage is packed in an individual\nbox. 'these individual boxes are then packed into a shipping box, using shredded paper or packing\npeanuts as packaging material, before being shipped out of the facility. All our shipping packaging\nmeets the requirements to be considered a strong outer packaging.\nSome of our gauges are assembled into control panels before being shipped to our customer. The\ngauges are installed into the metal panel and the panel is packed using SmartFlLM which is recyclable\nurethane foam that expands around the panel as the material sets up. This material provides\nexceptional protection in transit.\nDrop Tests\nIn 2009, we tested a sample of our products per the drop test requirements in 49 CFR 173.4. All\nproducts passed the series of drop tests specified in 49 CFR 173.4 with no breakage or leakage from any\ninner receptacle and did not show a significant reduction in the effectiveness of the package. These test\nresults lead us to the conclusion that our products do not pose any significant risk during transportation.\nHazardous Material Quantities\nWithin each product group, we have a variety of models available for sale. I have grouped below to\nreference the amount of chemical present in each product. The variation in the chemical content in each\ngauge is a function of the bulb size and capillary length for a given model.\nDichloromethane amount in temperature gauges that range from 220°F to 320°F\no Minimum amount per gauge - .02 mL\no Maximum amount per gauge - 29.1 mL\no Average amount per gauge -4.8 mL\nSuva 134 amount in temperature gauges in the 160°F range\no Minimum amount per gauge - 1.2 mL\no Maximum amount per gauge - 14.8 mL\no Average amount per gauge - 5.2 mL\nXylene amount in temperature gauges in the 440°F range\no Minimum amount per gauge - 1.2 mL\no Maximum amount per gauge - 14.4 mL\no Averageamountpergauge-4.4mL\nFW Murphy\nPO Box 470248 Tulsa, OK 741.47 lJSA Tel. 918 317-4100\n53:.1 5. l2Zod East Ave, T!~lsa, OK 74146tJSA Fax 91.8 317-4266\n\n<<<PAGE 5>>>\n\nSuva 124 amount in SPL temperature gauges in the 250°F range\no Minimum amount per gauge - 1.5 mL\no Maximum amount per gauge - 14.5 mL\no Average amount per gauge - 5.4 mL\nN-Propanol Alcohol amount in SPL temperature gauges in the 450°F range\no Minimum amount per gauge - 3.0 mL\no Maximum amount per gauge - 11.6 mL\no Average amount per gauge - 4.7 mL\nCurrent Classification\nOur product is currently being shipped under UN 3363 - Dangerous Goods in Apparatus which is in\nHazard Class 9. Our product meets all the requirements for this category stated in 49 CFR 173.222.\nRenulatorv Section\nI would like our products to be considered for an exception under 49 CFR 172.102 Special Provision 136.\nThis section states that the Associate Administrator may except from the requirements of this\nsubchapter, machinery or apparatus provided:\na. It is shown that it does not pose a significant risk in transportation;\nb. The quantities of hazardous materials do not exceed those specified in 5173.4a of this\nsubchapter; and\nc. The equipment, machinery or apparatus conforms with 5173.222 of this subchapter.\nOur product conforms to all the requirements stated above. It is our determination that our products\ndo not pose an unreasonable risk to health, public safety or property during transportation. We would\nlike to propose that our products be granted an exception from the requirements of the Hazardous\nMaterials Regulations because of the previously stated facts.\nAgain, it is our belief that these gauges do not pose a hazard during transportation and should not be\nclassified as hazardous material. We will continue to ship our product under UN 3363 while we wait for\nyour determination. I look forward to your reply.\nSincerely,\nAlecia Rice\nLogistics Manager\nMurphy Industries\n5311 S 122\" E Eve\nTulsa, OK 74146\nPhone: 918-317-4364\nMobile: 918-638-9721\nARice@FWMurphy.com\nFW Murphy\nFO Box 470248 Tul:ja, OK 741.47 USA 531.1. 5. 1 . 2 2 ~ East Av:?, Ti~lsa, OK 74'146 LISA Tel. (2 18 31.7-41.00\nFax 91.8 317-4266","truncated":false,"body_characters":10436}