Young & Franklin Inc. — Hazardous Materials Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue SE of Transportation Washington. DC 20590 Pipeline and Hazardous Materials Safety Administration Mr. Greg Michalowski Compliance Engineer Young & Franklin Inc. 920 Old Liverpool Road Liverpool, NY 13088 Ref. No. 11-0161 Dear Mr. Michalowski: This is in response to your e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to limited quantities of compressed gases. Specifically, you ask whether the accumulator pictured in your letter while installed in assembled machinery with 1500 psi of nitrogen would be excepted from regulation under § 173.306(f)(1). As specified in § 173.32 of the HMR, it is the responsibility of the shipper for properly classing a hazardous material that is to be offered for transportation. However, based on the information you provided, it appears that your product meets the requirements in § 173.306(f)(1), provided the accumulator is installed in motor vehicles, construction equipment, and assembled machinery and designed and fabricated with a burst pressure of not less than five times their charged pressure at 70 oF. It should also be noted that accumulators intended to function as shock absorbers, struts, gas spring, pneumatic springs or other impact or energy-absorbing devices are not subject to the HMR provided they meet the criteria specified in § 173.306(f)(4)(i) through (iv). I hope this information is helpful. Please contact this office should you have additional questions. . A D Vv SV2~ · T. Glenn Foster ~ Chief, Regulatory Review and Reinvention Standards and Rulemaking Division#

Page 2Drakeford, Carolyn (PHMSA) From: INFOCNTR (PHMSA) Sent: Wednesday, July 13, 2011 4:32 PM To: Drakeford, Carolyn (PHMSA) Subject: FW: Clarification of HNR; 49 CFR Parts 173.306 Limited Quantities of Compressed Gases Attachments: Clarification of HNR; 49 CFR Parts 173.pdf Hi Carolyn, We received the following request for a letter of interpretation at the HMIC. Thanks, Victoria Victoria Lehman Hazmat Information Center (HMIC) http://phmsa.dot.gov/hazmat/info-center (202) 366-1035 From: Gregory Michalowski [mailto:gmichalowski@yf.com] Sent: Wednesday, July 13, 2011 9:00 AM To: PHMSA HM InfoCenter Subject: Clarification of HNR; 49 CFR Parts 173.306 Limited Quantities of Compressed Gases Please see attachment. I am seeking clarification regarding Hazardous Materials Regulation (HMR) 49 CFR Parts 171 - 180 as it pertains to shipping pressurized accumulators installed on an assembly. . The question is does HMR 49 CFR §173.306 f(1) exempt this product from any DOT special permits, approvals or labeling requirements as the mode of transportation is by truck across US highways. Please comment on the pressurized gas (1\12) and the hydraulic fluid. If there are special requirements please explain. Greg Michalowski Compliance Engineer "Young & Inc. 942 Old Liverpool Road Liverpool, NY 13088 Phone: 315-552-3255 email: gmichalowski@yf.com The information contained herein is confidential andlor proprietary and could be subject to U.S. Export laws and lor controlled by the US International Traffic in Arms Regulation (IT AR) 22 CFR part 120-130. It is intended only for the use ofthe individual(s) to whom this e-.mail has been addressed. If you are not the intended recipient you should delete this document and you are hereby notified that any disclosure, dissemination, reproduction or further viewing of this e-mail without permission from the author is strictly prohibited. Young & Franklin Inc. and its subsidiary Tactair Fluid Controls Inc. take no responsibility, either direct or indirect, for any unauthorized dissemination of such data or materials. 1#

Page 3Subject: Clarification of HNR; 49 CFR Parts 173.306 limited Quantities of Compressed Gases I am seeking clarification regarding Hazardous Materials Regulation (HMR) 49 CFR Parts 171 - 180 as it pertains to shipping pressurized accumulators installed on an assembly. HMR 49 CFR §173 .306 f(1 ) states that accumulators install ed in an assembled machinery must be designed and fabricated with a burst pressure of not less then 5-times their charges pressure at 70° F, when shipped, are not subject to the requirements of this subchapter. '. '-l '"1./1' The assembly illustrated below is an experimental Solar Mirror Collector Actuator used to track the Sun's movement across the sky. It has an installed accumulator that is charged with 1500 psi of N2 In addition the assembly will contain 2.5 gallons of non-pressurized, non-flammable hydraulic fluid. The accumulator is purchased from another manufacturer and is installed on this assembly. The burst design of the accumulator is 12,000 PSI with a gas volume of 588 cu-in . The question is does HMR 49 CFR §173.306 f(1) exempt this product from any DOT special permits, approvals or labeling requirements as the mode of transportation is by truck across US highways Please comment on the pressurized gas (N2) and the hydraulic fluid. If there are special requirements please explain. Accumulator Thank you, Greg Michalowski Compliance Engineer Young & Franklin Inc. 920 Old liverpool Rd liverpool , NY 13088 Ph 315.552.3255#