{"operation":"document","citation":"12-0047","title":"Robertshaw Industrial Products — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-08-09","effective_on":null,"summary":"12-0047 response to Robertshaw Industrial Products concerning 172.101, 173.202, 173.4.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0047.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0047.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-12-0047","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2012/120047.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue SE\nWashington. DC 20590\nAUG 0 9 2012\nMs. Natalie Pike\nQuality Manager\nRobertshaw Industrial Products\n1602 Mustang Drive\nMaryville, TN 37801\nRef. No. 12-0047\nDear Ms. Pike:\nThis responds to your February 2, 2012 request for written clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of\nthermal assemblies. You state that you offer for transportation thermal assemblies that are\nshipped by themselves or as part of a temperature regulator. In addition, you state that\ndepending on the operating temperature range and bulb size required for the thermal\nassembly, the chemicals and quantities may vary. Your thermal assemblies contain\nchemicals such as ethyl ether, normal propyl alcohol, isopropyl alcohol, and acetone. You\nalso add that the thermal assemblies are filled with up to or over 1liter of liquid in each\nassembly. Specifically, you ask what would be the most appropriate way to ship your\nthermal assemblies by ground and air under the HMR.\nThe materials described in your letter could be offered for transportation as fully regulated\nClass 3 (flammable liquid) hazardous materials as contained in the thermal assemblies.\nFor example, a thermal assembly containing acetone, could be described under the proper\nshipping name \"Acetone\" and packaged in an authorized non-bulk packaging as prescribed\nin § 173.202 of the HMR.\nThe HMR also provides a number of exceptions for the transportation of Class 3 materials,\nbased on flashpoint, quantity, and how they are packaged and offered for transportation.\nConsequently, Class 3 materials may be offered for transportation and transported in\naccordance with the small quantity exception provided in§ 173.4, or the limited quantity\nexception provided in§ 173.150. Please note that limited and small quantity packages\nintended for transportation by aircraft must also be prepared in accordance with\n§§ 173.27(f) and 173.4a, respectively. If none of the HMR packaging provisions are\npractical for your thermal assemblies, you may consider applying for a special permit as\nprescribed in§ 107.105, or online at:\nhttps://hazmatonline.phmsa.dot.gov/Online%20Approvals/pages/welcome.aspx. The\nexceptions are described in greater detail as follows:\n\n<<<PAGE 2>>>\n\nSmall Quantity Exception.\nUnder the small quantity exception prescribed in § 173.4, high-integrity packagings\ncontaining small amounts of hazardous materials that are packaged as specified are not\nsubject to regulation under the HMR when transported by highway or rail. Eligible Class 3\nmaterials are placed in inner packagings or are contained in articles in amounts up to 30\nmL (1 ounce) that are further placed in strong outside packagings. The inner packagings\nmust not be liquid full at 55 oc (131 °F) and must have removable closures held securely\nin place with wire, tape, or other positive means. Cushioning and absorbent material that\nwill not react chemically with the hazardous material and is capable of absorbing the entire\ncontents must surround either each inner packaging or the inside of the outer packaging.\nThe completed package must be capable of withstanding without leakage, or a substantial\nreduction in effectiveness, the drop tests prescribed in§ 173.4(a)(6) from a height of 1.8\nmeters (5.9 feet). The gross mass of the completed package must not exceed 29 kg (64\npounds). A shipper certifies the completed package conforms to the small quantity\nexception by marking the outside of the package with the statement \"This package\nconforms to 49 CPR 173.4.\"\nLimited Quantity Exception.\nA limited quantity is the maximum amount of a hazardous material for which there is a\nspecific labeling and packaging exception indicated in Column (SA) of the § 172.101\nHazardous Materials Table (HMT). See § 171.8. Section 173.150(b) authorizes Class 3\nmaterials to be offered for transportation and transported as a limited quantity when\npackaged in inner packagings containing up to 1 L (0.3 gallons) for a Packing Group II\nmaterial and up to 5 L (1.3 gallons) for a Packing Group III material, further packaged in\nstrong outer packagings weighing no more than 30 kg (66 pounds) gross mass. When\ncomplete, packages must conform to the general packaging requirements prescribed in\n§§ 173.24 and 173.24a. For transportation by aircraft, the Class 3 material must be eligible\nfor transportation aboard passenger-carrying aircraft, and the package must conform to the\ngeneral requirements for transportation by aircraft prescribed § 173.27(:f). Limited\nquantity packages are excepted from labeling, unless transported by aircraft, and\nplacarding, as prescribed in subparts E and F of part 172, respectively.\nDangerous Good in Equipment, Machinery, or Apparatus.\nThe thermal assemblies you describe may be eligible for transportation as \"UN3363,\nDangerous goods in apparatus,\" provided the requirements prescribed in § 173.222 are\nmet, the applicable requirements specific to air transport are met, and the devices do not\ncontain any materials forbidden for transportation aboard a passenger-carrying or cargo-\nonly aircraft, as applicable. The requirements prescribed in§ 173.222 for such articles are\nin addition to any applicable requirements prescribed in§ 172.102(c)(l), Special Provision\n136, for such articles.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n----~---------\n\n<<<PAGE 3>>>\n\nDrakeford, Carolyn (PHMSA)\nFrom:\nSent:\nTo:\nSubject:\nINFOCNTR (PHMSA)\nThursday, February 02, 2012 10:27 AM\nDrakeford, Carolyn (PHMSA)\nFW: Request Formal Letter of Interpretation\nAndrews\n~/73 I 13\ncs 113. 15 ()\n~ /7 3. ;_f -\n-\nD~ph6rlS\nHi Carolyn]\nWe received the following request for a letter of interpretation.\n11- -oo'-11\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(202) 366-1035\nFrom: Pike, Natalie [mailto:Natalie.Pike@invensys.com]\nSent: Thursday, February 02, 2012 9:57AM\nTo: INFOCNTR (PHMSA)\nSubject: Request Formal Letter of Interpretation\nI have spoken with a regulatory specialist but would like a formal letter of interpretation for the request below.\nThank you,\nNatalie\nFrom: Pike, Natalie\nSent: Wednesday, February 01, 2012 11:34 AM\nTo: 'phmsa.hm-infocenter@dot.gov'\nSubject: Shipping Regulation Question\nTo Whom It May Concern:\nI submitted this information request to PHMSA via the online feedback form on 1/26/12 but have not yet received a\nresponse.\nhttp ://ph msa .dot .gov /ph msa-ext/feed ba ck/HQFeed back Form. jsp\nAlso, the server at this website is unavailable.\nhttp://www.phmsa.dot.gov/phmsa-ext/feedback/hazmatlnformationCenterFeedbackForm.jsp\nI am sending this email in case my original request was not submitted to the correct group.\nWe have thermal assemblies (temperature sensing elements) that contain chemicals charged and hermetically sealed in\na metal tube1 then secured/enclosed in a metal socket. The thermal assemblies may ship by themselves or as part of a\ntemperature regulator. Depending on the operating temperature range and bulb size required for the thermal\nassembly, the chemical and quantity vary. Chemicals include ethyl ether] normal propyl alcohol] isopropyl alchoholl and\n1\n\n<<<PAGE 4>>>\n\nacetone. Charge volume may be 270 CC, 450 CC, 725 CC, 840 CC, etc., up to over 1 Liter if an extra long bulb is\nrequested. It appears that thermal assemblies using <=1.0 Liter normal propyl alcohol, for example, are excepted from\nHMR requirements by 173.150{b)(2). However, it appears that ethyl ether does not have the same exception, or 173.4,\nbut it might be excepted under 173.13 (no barrier bags are part of the packaging). Or would it fall under \"Dangerous\ngoods in apparatus\" or another category? If thermal assemblies are shipped on their own, they are cushioned and\npackaged in a corrugated, fiberboard box. If shipped as part of a regulator, units are crated and thermal elements\nsecured. Damage is unlikely; leakage is highly unlikely and not dangerous. We will request special permit if necessary,\nbut I would appreciate advice and recommendations for road and air shipping based on the information provided.\nThank you.\nThank you for your assistance.\nNatalie\nNatalie Pike\nQuality Manager\nRobertshaw Industrial Products\n1602 Mustang Drive\nMaryville, TN 37801\nT 1.865.981.3099\nF 1.865.981.3168\nE Natalie.Pike@invensys.com\n)!Jww.Robertshawlndustrial.com\nwww.Centeron.net\nwww.InvensysControis.com\nConfidentiality Notice:\nThe information in this e-mail may be confidential and/or privileged and is intended for review only by the individual or organization named above. If you are not the named\nrecipient or an authorized representative of the named recipient, you are hereby notified that any review, use, dissemination, or duplication of this e-mail and its attachments, if\nany, or of the information contained herein, is prohibited. If you have received this e-mail in error, please notify the sender immediately by return e-mail and delete this e-mail\nand attachments, if any, from your system. Thank you.\n2","truncated":false,"body_characters":9244}