{"operation":"document","citation":"11-0161","title":"Young & Franklin Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-09-01","effective_on":null,"summary":"11-0161 response to Young & Franklin Inc. concerning 173.306, 173.32.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0161.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0161.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0161","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110161.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue SE\nof Transportation Washington. DC 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMr. Greg Michalowski\nCompliance Engineer\nYoung & Franklin Inc.\n920 Old Liverpool Road\nLiverpool, NY 13088\nRef. No. 11-0161\nDear Mr. Michalowski:\nThis is in response to your e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of\ncompressed gases. Specifically, you ask whether the accumulator pictured in your\nletter while installed in assembled machinery with 1500 psi of nitrogen would be\nexcepted from regulation under § 173.306(f)(1).\nAs specified in § 173.32 of the HMR, it is the responsibility of the shipper for properly\nclassing a hazardous material that is to be offered for transportation. However, based\non the information you provided, it appears that your product meets the requirements in\n§ 173.306(f)(1), provided the accumulator is installed in motor vehicles, construction\nequipment, and assembled machinery and designed and fabricated with a burst pressure\nof not less than five times their charged pressure at 70 oF. It should also be noted that\naccumulators intended to function as shock absorbers, struts, gas spring, pneumatic\nsprings or other impact or energy-absorbing devices are not subject to the HMR\nprovided they meet the criteria specified in § 173.306(f)(4)(i) through (iv).\nI hope this information is helpful. Please contact this office should you have additional\nquestions.\n.\n A\nD Vv\nSV2~ ·\nT. Glenn Foster ~\nChief, Regulatory Review and Reinvention\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom: INFOCNTR (PHMSA)\nSent: Wednesday, July 13, 2011 4:32 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: Clarification of HNR; 49 CFR Parts 173.306 Limited Quantities of Compressed Gases\nAttachments: Clarification of HNR; 49 CFR Parts 173.pdf\nHi Carolyn,\nWe received the following request for a letter of interpretation at the HMIC.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Gregory Michalowski [mailto:gmichalowski@yf.com]\nSent: Wednesday, July 13, 2011 9:00 AM\nTo: PHMSA HM InfoCenter\nSubject: Clarification of HNR; 49 CFR Parts 173.306 Limited Quantities of Compressed Gases\nPlease see attachment.\nI am seeking clarification regarding Hazardous Materials Regulation (HMR) 49 CFR Parts 171 - 180 as it pertains to\nshipping pressurized accumulators installed on an assembly. .\nThe question is does HMR 49 CFR §173.306 f(1) exempt this product from any DOT special permits, approvals or labeling\nrequirements as the mode of transportation is by truck across US highways. Please comment on the pressurized gas (1\\12)\nand the hydraulic fluid. If there are special requirements please explain.\nGreg Michalowski\nCompliance Engineer\n\"Young & Inc.\n942 Old Liverpool Road\nLiverpool, NY 13088\nPhone: 315-552-3255\nemail: gmichalowski@yf.com\nThe information contained herein is confidential andlor proprietary and could be subject to U.S. Export laws\nand lor controlled by the US International Traffic in Arms Regulation (IT AR) 22 CFR part 120-130. It is\nintended only for the use ofthe individual(s) to whom this e-.mail has been addressed. If you are not the\nintended recipient you should delete this document and you are hereby notified that any disclosure,\ndissemination, reproduction or further viewing of this e-mail without permission from the author is strictly\nprohibited. Young & Franklin Inc. and its subsidiary Tactair Fluid Controls Inc. take no responsibility, either\ndirect or indirect, for any unauthorized dissemination of such data or materials.\n1\n\n<<<PAGE 3>>>\n\nSubject: Clarification of HNR; 49 CFR Parts 173.306 limited Quantities of Compressed Gases\nI am seeking clarification regarding Hazardous Materials Regulation (HMR) 49 CFR Parts 171 - 180 as it pertains to\nshipping pressurized accumulators installed on an assembly.\nHMR 49 CFR §173 .306 f(1 ) states that accumulators install ed in an assembled machinery must be designed and\nfabricated with a burst pressure of not less then 5-times their charges pressure at 70° F, when shipped, are not\nsubject to the requirements of this subchapter.\n'. '-l '\"1./1'\nThe assembly illustrated below is an experimental Solar Mirror Collector Actuator used to track the Sun's movement\nacross the sky. It has an installed accumulator that is charged with 1500 psi of N2 In addition the assembly will\ncontain 2.5 gallons of non-pressurized, non-flammable hydraulic fluid. The accumulator is purchased from another\nmanufacturer and is installed on this assembly. The burst design of the accumulator is 12,000 PSI with a gas volume\nof 588 cu-in .\nThe question is does HMR 49 CFR §173.306 f(1) exempt this product from any DOT special permits, approvals or\nlabeling requirements as the mode of transportation is by truck across US highways Please comment on the\npressurized gas (N2) and the hydraulic fluid. If there are special requirements please explain.\nAccumulator\nThank you,\nGreg Michalowski\nCompliance Engineer\nYoung & Franklin Inc.\n920 Old liverpool Rd\nliverpool , NY 13088\nPh 315.552.3255","truncated":false,"body_characters":5221}