{"operation":"document","citation":"11-0144","title":"Chart Industries, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-01-19","effective_on":null,"summary":"11-0144 response to Chart Industries, Inc. concerning 171.22, 172.101, 173.320.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0144.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0144.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0144","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110144.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nU.S. Department WashIngton. DC 20590\nof Transportation\nPipeline and Hazardous\nM.aterials Safety\nAdministration\nJAN 192012\nMr. Marty Beyer\nQuality Analyst\nChart Industries lric.\n1300 Airport Drive\nBall Ground, GA 30107\nRef. No.: 11-0144\nDear Mr. Beyer:\nThis responds to your initial July 1,2011 request and subsequent July 13, 2011 email seeking\nclarification of the requirements in the International Air Transport Association's (IA TA)\nDangerous Goods Regulations and the Hazardous Materials Regulations (HMR; 49 C.F.R. Parts\n171-180). As information, the lATA regulations do not have official standing under the HMR.\nThe regulations recognized by the HMR and conditionally authorized for use in § 171.22 are the\nInternational Civil Aviation Organization's (ICAO) Technical Instructions. Since the 2011-2012\nedition of the ICAO Technical Instructions includes the same Packing Instruction 202, this letter\ninterprets the ICAO provision. Your questions are paraphrased and answered below.\nQ1. Would the requirements in Packing Instruction 202 for open cryogenic receptacles allow the\nmarkings to be engraved or printed on a permanently attached data plate welded to the upper\nsurface ofthe receptacle?\nA 1. Yes. Package Instruction 202 requires the marks to be \"permanently affixed, e.g. by\nstamping, engraving or etching.\" Markings on a data plate welded to the upper surface of the\nreceptacle would be considered permanently affixed.\nQ2. Would the requirements in Packing Instruction 202 for open cryogenic receptacles allow the\nmarkings to be on an adhesive label attached to the upper surface ofthe receptacle?\nA2. Yes. Package Instruction 202 ofthe ICAO Technical Instructions states that the receptacle\nmust be \"designed, manufactured, tested and equipped in such a way as to withstand all\nconditions, including fatigue, to which they will be subjected during their normal use and during\nnormal conditions oftransport.\" Further, Package Instruction 202 requires that the marks be\npermanently affixed to the receptacle. While this office generally does not recommend the use\nofa label for permanently affixing package markings to a receptacle, provided the label is of a\npermanent character and affixed in a permanent manner, it is our opinion that affixing a printed\nlabel is acceptable.\n\n<<<PAGE 2>>>\n\nQ3. Would the requirements in Packing Instruction 202 for open cryogenic receptacles allow the\nmarkings to be engraved on a tag that is attached by a cable or short chain to the upper surface of\nthe receptacle?\nA3. No. It is our opinion that a tag is not affixed to the receptacle.\nQ4. May open top cryogenic receptacles with free liquid nitrogen in the bottom be shipped\nunder Package Instruction 202 as a dry shipper?\nA4. No. Section 173.320(a) oftheHMR provides that cryogenic liquids in Dewar flasks\ndesigned and constructed so that the pressure will not exceed 25.3 psig under normal ambient\ntemperature conditions when transported by rail and motor vehicle are not subject to the HMR\nrequirements. However, for transportation by aircraft, an offeror must follow all applicable air\ntransportation requirements. Additionally, when transported by aircraft, a dry shipper may not\ncontain any unabsorbed liquid.\nQ5. When returned empty with some absorbed liquid nitrogen, is the container still considered a\ndry shipper?\nA5. Yes. A dry shipper, which is a specially designed Dewar flask that uses nitrogen,\nrefrigerated liquid as a refrigerant, would still be considered a dry shipper if the absorbent\nmaterial is saturated with nitrogen, refrigerated liquid, with no free liquid present in the\npackaging.\nQ6. What is the function of the UN number marking?\nA6. The UN number is an identification number assigned to each proper shipping name of a\nmaterial designated as a hazardous material in the HMR or a dangerous good in the ICAO\nTechnical Instructions. A list ofhazardous materials and their identification numbers is located\nin the Hazardous Materials Table in § 172.101 ofthe HMR, and in Table 3.1 ofthe ICAO\nTechnical Instructions.\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division at (202) 366-8553.\nSincerely, ~\nt:.r:.\nt:tor\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Friday, July 01, 2011 1 :32 PM\nTo: Drakeford, Carolyn (PHMSA)\nCc: DerKinderen, Dirk (PHMSA)\nSubject: FW: Internationallnterp Request\nHi Carolyn,\nWe received the following request for an interpretation ofthe ICAO TI. Dirk Der Kinderen advised that Shane Kelley\nshould be consulted for this letter.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Beyer/ Marty [mailto:Marty.Beyer@chartindustries.com]\nSent: Friday/ July 01, 2011 11:36 AM\nTo: INFOCNTR (PHMSA)\nSubject: FW: Request for formal letter of interpretation lATA 52nd edition/ Packing Instructions 202 - Identification\nmarking question\nHello, my name is Marty Beyer and I would like the proper direction to a identification marking question.\nI was directed David Brennan of lATA that in the US the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) is the agency that enforce the regulations, and that I should confirm what I propose is\nacceptable.\nI work for Chart Inc. in Ball Ground GA. One of our product lines is Cryopreservation Equipment for\nTransport Systems for Biological Materials (Non pressurized open top cryogenic vessels with non oxidizing\nrefrigerated liquid). After reviewing the responses below I have a couple questions regarding the new 52nd\nEdition of the lATA Dangerous Goods Regulations, specifically Packing Instructions 202. We manufacture\nLiquid Nitrogen biological receptacles, and I'm particularly concerned about the NEW requirement Packing\nInstructions 202 (i) that Open Cryogenic Receptacles must bear the following marks permanently affixed, e.g.\nby stamping, engraving or etching (model, manufacturer name & address, serial number, capacity, UN number)\nI would like to get an interpretation of what permanently affixed means. We manufacture aluminum units that\nare then painted and have a long life adhesive label for identification. The problem lies in the complexities of\nstamping or engraving the compound curve surface on the top of our units and would like clarification on\nacceptable alternatives.\nI would like to have this information so I can direct manufacturing on the correct path.\nWill it be acceptable to attach to the upper part of the container as an alternate to stamping, engraving or\netching:\n1\n\n<<<PAGE 4>>>\n\nEngraved aluminum data plate welded on the data plate corners to the upper surface of the units.\nEngraved aluminum data plate 20 gauge (.030\") or thicker with permanent adhesive (min 32 oz\npull/sqin) to the upper surface of the units.\nA heavy aluminum tamperprooffoillabel (.010) with permanent adhesive (min 32 oz pull/sqin) to the\nupper surface of the units.\nA heavy plastic tamperprooflabel (.010) with permanent ink and adhesive (min 32 oz pull/sqin) to the\nupper surface of the units.\nEngraved aluminum data plate 20 gauge (.030\") or thicker lanyard attached (short cable or chain) to\nthe upper surface of the unit.\nThe clarification will greatly assist us as all of these alternatives have been discussed but are not known to be\nacceptable.\nMarty Beyer\nQuality Analyst\n770-721-7686\n-----Original Message----From:\nBRENNAN Dave [mailto:brennand@iata.org]\nSent: Friday, July 01, 2011 3:40 AM\nTo: Beyer, Marty\nCc: Maloy, Neal; KadrlikJ Ben; Thissen, Kevin\nSubject: RE: 52nd edition, Packing Instructions 202\nMarty,\nWhat you describe for the permanent marking appears to be reasonable. HoweverJ as compliance\nwith the regulations is enforced by the competent authority, in the US it's the Pipeline and\nHazardous Materials Safety Administration (PHMSA), you should really confirm with PHMSA that\nwhat you propose is acceptable.\nPHMSA have a safety information center that provides answers/interpretations on the\nregulations. They can be contacted at: Tel: 1 800 467 4922, (202) 366 4488 or email:\ninfocntr@dot.gov\nRegards,\nDavid BRENNAN\nAsst. Director Cargo Safety &Standards\nTel: +41-22-770-2947\nFax: +41-22-770-2678\nemail: brennand@iata.org\nInternational Air Transport Association\n33 J Route de l'Aeroport\n1215 Geneva 15 Airport\n2\n\n<<<PAGE 5>>>\n\nSwitzerland\nwww.iata.org/dangerousgoods\nPlease consider the environment before printing this email\n-----Original Message----From:\nBeyer, Marty [mailto:Marty.Beyer@chartindustries.com]\nSent: Thursday, 3e June 2e11 22:13\nTo: BRENNAN Dave\nCc: Maloy, Neal; Kadrlik, Benj Thissen, Kevin\nSubject: FW: 52nd edition, Packing Instructions 2e2\nHi Dave my name is Marty Beyer) and I also work for CAIRE Inc. After reviewing the responses\nbelow I have a couple questions regarding the new 52nd Edition of the lATA Dangerous Goods\nRegulations) specifically Packing Instructions 2e2. We manufacture Liquid Nitrogen\nreceptacles) and I'm particularly concerned about the NEW requirement that Open Cryogenic\nReceptacles must bear the following marks permanently affixed) e.g. by stamping) engraving or\netching (model) manufacturer name &address) serial number) capacity) UN number)\nI would like to get an interpretation of what permanently affixed means. We manufacture\naluminum units that are then painted and have a long life adhesive label for\nidentification. The problem lies in engraving the compound curve surface on the top of the\nunits.\nI would like to have this information so I can direct manufacturing on the correct path.\nWill it be acceptable to attach to the upper part of the container as an alternate to\nstamping, engraving or etching:\nEngraved aluminum data plate welded on the data plate corners to the upper surface of the\nunits.\nEngraved aluminum data plate 2e gauge (.e3e\") or thicker with permanent adhesive (min 32 oz\npull/sqin) to the upper surface of the units.\nA heavy aluminum tamperproof foil label (.e1e) with permanent adhesive (min 32 oz pull /sqin\n) to the upper surface of the units.\nA heavy plastic tamperproof label (.e1e) with permanent ink and adhesive (min 32 oz pull\n/sqin ) to the upper surface of the units.\nEngraved aluminum data plate 2e gauge (.e3e\") or thicker lanyard attached (short cable or\nchain) to the upper surface of the unit.\nThe clarification will greatly assist us as all of these alternatives have been discussed but\nare not known to be acceptable.\nMarty Beyer\nQuality Analyst\n77e-721-7686\nmarty.beyer@chart-ind.com\nASQ CQE) CQA, CQT\n-----Original Message--- ­ From: BRENNAN Dave [mailto:brennand@iata.org]\n3\n\n<<<PAGE 6>>>\n\nSent: Wednesday, February 23, 2011 2:19 PM\nTo: Kadrlik, Ben\nSubject: RE: 52nd edition, Packing Instructions 202\nBen J\nMy apologies I should have gotten back to you on this. I raised this at the UN Subcommittee\nin December and there was agreement that existing cryogenic receptacles should be\ngrandfathered and the marking would only apply to new receptacles manufactured after 1\nJanuary 2012. ICAD has adopted this and it will also be brought into the other regulations.\nAttached is a copy of the addendum to the 52nd edition of the DGR that reflects this in PI\n202.\nRegards J\nDavid\n-----Driginal Message----From:\nKadrlik, Ben [mailto:Ben.Kadrlik@CHART-IND.com]\nSent: Wednesday, 23 February 2011 13:51\nTo: BRENNAN Dave\nSubject: RE: 52nd edition, Packing Instructions 202\nDavid-\nHi this is Ben Kadrlik, we spoke back in December regarding the new 52nd edition. I was\nwondering if you had heard anything further from the last time we spoke. Thank you, Ben K.\n-----Driginal Message----From:\nBRENNAN Dave [mailto:brennand@iata.org]\nSent: Tuesday, December 07, 2010 4:34 AM\nTo: Kadrlik, Ben\nSubject: RE: 52nd edition, Packing Instructions 202\nBen,\nThe issue of the marking of open cryogenic receptacles has just been discussed by the UN\nSubcommittee. What was agreed was:\n1. The new marking on open cryogenic receptacles will not come into effect until 1 January\n2012. This will be addressed in an addendum to the 52nd edition of the DGRj 2. The size of\nthe marking should be as required for cylinders as set out in DGR 6.4.2.7.1j and 3. Existing\nopen cryogenic receptacles do no not have to be marked.\nRegards,\nDavid\nFrom: Kadrlik, Ben [Ben.Kadrlik@CHART-IND.com]\nSent: Wednesday, December 01 J 2010 3:20 PM\nTo: BRENNAN Dave\nSubject: 52nd edition, Packing Instructions 202\nDavid 8rennandHi\nmy name is Ben Kadrlik, and I work for CAIRE Inc., and I have a couple questions regarding\nthe new 52nd Edition of the lATA Dangerous Goods Regulations, specifically Packing\n4\n\n<<<PAGE 7>>>\n\nInstructions 202. We manufacture Liquid Nitrogen receptacles, and I'm particularly concerned\nabout the NEW requirement that Open Cryogenic Receptacles must bear the following marks\npermanently affixed, e.g. by stamping, engraving or etching (model, manufacturer\nname&address, serial number, capacity, UN number) ...\nMy question(s) are the following:\n* Does this affect units already in the field i.e. will be need to develop a\nservice plan to take units in and alter them with this engraving/stamping, or will they get\nto be \"grandfathered\" in?\n* Does size & location of the engraving/stamping matter? Can we place this\ninformation on the outer bottom of the unit (as not to disrupt our paint process)?\n* Since this is lATA and not DOT, it seems to be an international change only, does\nthat mean we are currently okay in the US? Are there plans to harmonize with DOT?\nI know this is a lot, but any help would be greatly appreciated!! I believe one of my\ncolleagues, Kevin Thissen, may have already contacted you.\nThank you again, Ben K.\nBen Kadrlik\nQuality Engineer\nCAIRE INC.\n2200 Airport Industrial Drive\nSuite S00, Ball Ground, GA 30107\nOffice: 770.721.7730\nMobile: 678.469.6471\nFax: 770.721.7700\nThis message contains confidential information and is intended only for the individual named.\nIf you are not the named addressee you should not disseminate, distribute or copy this email.\nPlease notify the sender immediately bye-mail if you have received this e-mail by\nmistake and delete this e-mail from your system.\nE-mail transmission cannot be guaranteed to be secure or error-free as information could be\nintercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The\nsender therefore does not accept liability for any errors or omissions in the contents of\nthis message which arise as a result of e-mail transmission.\nThis message contains confidential information and is intended only for the individual named.\nIf you are not the named addressee you should not disseminate, distribute or copy this email.\nPlease notify the sender immediately bye-mail if you have received this e-mail by\nmistake and delete this e-mail from your system.\nE-mail transmission cannot be guaranteed to be secure or error-free as information could be\nintercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The\nsender therefore does not accept liability for any errors or omissions in the contents of\nthis message which arise as a result of e-mail transmission.\nThis message contains confidential information and is intended only for the individual named.\nIf you are not the named addressee you should not disseminate, distribute or copy this email.\nPlease notify the sender immediately bye-mail if you have received this e-mail by\nmistake and delete this e-mail from your system.\n5\n\n<<<PAGE 8>>>\n\nE-mail transmission cannot be guaranteed to be secure or error-free as information could be\ninterceptedJ corrupted) lost, destroyed, arrive late or incomplete, or contain viruses. The\nsender therefore does not accept liability for any errors or omissions in the contents of\nthis message which arise as a result of e-mail transmission.\n6\n\n<<<PAGE 9>>>\n\nWinter, lisa (PHMSA)\nFrom: Beyer, Marty [Marty.Beyer@chartindustries.com]\nSent: Wednesday, July 13, 2011 8:21 AM\nTo: Winter. Usa (PHMSA)\nSubject: Chart - Request For Formal Letter of Interpretation\nAttachments: MVE Doble Series - catalog page. pdf; MVE Cryro Shipper QWick Series - catalog page.pdf;\nMVE Doble QWick Series - catalog page.pdf\nLisa I thank you for responding back. I am relatively new to this product line and process and I am trying to assist in\ngetting information and interpretations.\nWe are in the process of getting pictures of the different ways to identify the open cryogenic receptacles. Since we were\nonly discussing these other options it will take us awhile to create and get the pictures for you to review. I have attached\ncatalog pages as a representation of the 3 model lines that will probably be affected by the changes on Packaging\nInstruction 202\nIn the meantime I have a few other questions for clarification if you could assist us in clarification it would be greatly\nappreCiated.\nOn our non pressurized open top cryogenic receptacles the MVE Doble Series & MVE Doble QWick Series are mostly\nused as dry shippers by our customers. The customers add liquid nitrogen into the unit and is absorbed in a\nhydrophobic compound so the liquid nitrogen is not in a free state. (Dry shipper). My question is some of our customers\n\"top off lithe units with a little free liquid nitrogen in the bottom of the unit to extend the storage time when shipping.\nWill this still be acceptable under Packaging Instruction 202 as a dry shipper? Or would the unit change category as a\nDry shipper to a liquid shipper. Or is there a limit- say only max 2/1 of free liquid in the bottom is acceptable?\nThe next question is when the units need to be returned empty. It may still be cold with some absorbed liquid nitrogen\nor warm. Would this returning unit be considered a dry shipper or something else like standard freight?\nThis next question came up in discussion and I am a little confused as I have not seen it stated or have missed it in the\nstandard.\nThe question is of the function of the UN number? Is this related to the new labeling or registration # ? Or is it\nsomething totally not related.\nPlease assist me and clarify.\nI look forward to your reply as we looking forward to implement changes to meet the new requirements.\nThank you\nMarty Beyer\nQuality Analyst\n770-721-7686\nFrom: lisa.winter@dot.gov [mailto:lisa.winter@dot.gov]\nSent: Thursday, July 07,201110:15 AM\nTo: Beyer, Marty\nSubject: Request For Formal Letter of Interpretation\n1\n\n<<<PAGE 10>>>\n\nDear Mr. Beyer:\nI have been assigned your request for interpretation of ICAO Packing Instruction 202 pertaining to Paragraph 9 and the\nmeaning of \"permanently affixed.\" You provide five scenarios and ask if they meet the requirements of Packing\nInstruction 202. For us to better determine if the options you describe meet the specifications of Packing Instruction\n202, would it be possible for you to provide photographs of the involved open top cryogenic vessels with the markings\nas provided in each scenario?\nThank you in advance for your help.\nSincerely,\nLisa (Winter) O'Donnell\nTransportation Regulations Specialist\nPipeline and Hazardous Materials Safety Administration\nUnited States Department of Transportation\n202.366.6415\nhttp://www.phmsa.dot.gov/hazmat\n2\n\n<<<PAGE 11>>>\n\nThe Doble QWick Series utilizes an absorbent wicking material that charges with liquid nitrogen in fewer than two\nhours. providing the capacity for same-day vapor shipping. A unique absorbent layer in the base of the storage\ntanks enables them to be charged with nitrogen and employed as dry shippers with hold times of up to 30 days.\nOnce at the final destination, the tanks can be filled with liquid and used for long term storage, therefore avoiding\nthe need tor return shipments. Equipped with the same capacity and dimensions as the comparable Doble Series,\nFeatures Include:\n•CHARGES IN LESS THAN TWO HOURS\n• Liquid and vapor storage options\n• Low liquid nitrogen consumption\n• Convenient lightweight package\nAccessories:\nr\nt,\nCryoGloves Vapor Insert Liquid Level Straws Roller Base\nMeasuring Stick\n20 Cryopreservation Equipment Catalog\n\n<<<PAGE 12>>>\n\n~ .' \".',' ,\n;:',\" ~1, ;',', \\\n\"~ ~,:', (\nMVE CryoShipper QWick Series utilizes an absorbent wicklng malerial that charges with liquid nitrogen in fewer \" ,\nthan two hours, providing the capacity for same-day vapor shipping. Manufactured from durable, lightweight\naluminum, they employ a hydrophobic compound which absorbs the liquid nitrogen to ensure dry, spill-free\nshipping.\nProtective shipping cartons are available. These containers may be used to ship your samples with a \"nonhazardous\"\nclassi'fication throughout the world, thus reducing shipping costs and helping to assure sample viability.\nEquipped with the same capacity and dimensions as the comparable MVE Vapor Shipper Series.\nFeatures Include:\n• CHARGES IN LESS THAN TWO HOURS\n• Protective shipping carton to ensure upright shipping\n• Low liquid nitrogen consumption\n• Convenient lightweight packages\nAccessories:\nr\nCryoGloves Vapor Inserts CryoBlocks Square Racks Datalogger Plastic Boxes\n18 Cryopreservation Equipment Catalog\n\n<<<PAGE 13>>>\n\nThe Doble QWick Series utilizes an absorbent wicking material that charges with liquid nitrogen in fewer than two\nhours, providing the capacity for same-day vapor shipping. A unique absorbent layer in the base of the storage\ntanks enables them to be charged with nitrogen and employed as dry shippers with hold times of up to 30 days.\nOnce at the final destination, the tanks can be filled with liquid and used for long term storage, therefore avoiding\nthe need for return shipments. Equipped with the same capacity and dimensions as the comparable Doble Series.\nFeatures Include:\n• CHARGES IN LESS THAN TWO HOURS\n• Liquid and vapor storage options\n• Low liquid nitrogen consumption\n• Convenient lightweight package\nAccessories:\nr\nCryoGloves Vapor Insert Straws Roller Base\nLiquid Level\nMeasuring Stick\n20 Cryopreservation Equipment Catalog\ni---,\ni\n1\n1.\n\n<<<PAGE 14>>>\n\nSample label layout- Label and\nmarkings will be of material that is LN2\ncompatible with permanent adhesive.\nDewar's are aluminum with LN2\ncompatible paint that very seldom needs\nrepainting for the life of the unit. Label\nsize 1.5\" x 3.5\" this is max size to use\nto be near top of neck.\n\n<<<PAGE 15>>>\n\nSample label layout- Label and\nmarkings will be of material that is LN2\ncompatible with permanent adhesive.\nDewar's are aluminum with LN2\ncompatible paint that very seldom needs\nrepainting for the life of the unit. Label\nsize is 2\" x 4\"","truncated":false,"body_characters":22490}