{"operation":"document","citation":"17-0018","title":"AccuBeat Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-11-14","effective_on":null,"summary":"17-0018 response to AccuBeat Ltd. concerning 173.22.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0018.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0018.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-17-0018","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/56221/170018.pdf","body":"<<<PAGE 1>>>\n\nQA Manager\nAccuBeat Ltd.\nHa-Marpe 5\nJerusalem 977405\nIsrael\nReference No. 17-0018\nDear Mr. Gurten:\nThis letter is in response to your February 16, 2017, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the classification\nof a hazardous material. Specifically, you indicate that your company designs, develops, and\nmanufactures Rubidium oscillator/Atomic clocks containing less than one (1) gram of rubidium\nand ask if it meets the definition of a Class 4 hazardous material. You note that a previous\nPHMSA interpretation (Reference No. 08-0154) indicates that when less than one gram of\nrubidium is contained in an atomic clock it does not pose a risk during transportation and is not\nsubject to the HMR. Furthermore, you conducted test data of both an impact and drop\nsimulation, which was provided to us. The results of the test demonstrate no evidence of\nspontaneous combustion or damage to the capsule or the oscillator.\nIn accordance with § 173.22, it is the shipper's responsibility to class and describe a hazardous\nmaterial in accordance with Parts 172 and 173 of the HMR. Note that previous interpretations\nwere not a determination of whether rubidium is a Class 4 hazardous material but whether the\namount and form in which it is transported presents an unreasonable risk to health and safety or\nproperty. This Office does not generally perform this function. However, based on the\nsubsequent test data you have provided and previous PHMSA interpretation, it is the opinion of\nthis Office that as long as the one gram or less of Rubidium in your atomic clock is hermetically\nsealed in glass, and the glass capsule is adequately protected from breakage and is an integral\ninternal component of the atomic clock, and the atomic clock does not meet the definition of any\nother hazard class, it is not subject to the HMR.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nChief, Standards Development\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nHi Shante/Alice,\nPlease submit this as a letter of interpretation. Please note there is not a mailing address, but this is an international\nrequester.\nPlease let me know if you have any questions.\nThanks,\nJordan\nFrom: Jonathan Gurten [mailto:Jonathan@accubeat.co.il]\nSent: Thursday, February 16, 2017 8:19 AM\nTo: INFOCNTR (PHMSA) < INFOCNTR.INFOCNTR@dot.gov>\nSubject: Request for Letter of Interpretation for AccuBeat Rubidium Oscillators\nHello,\nPlease, help us.\nAccuBeat Ltd is a leading designer, developer and manufacturer of Rubidium oscillators/ Atomic clocks which\nare standards used as a frequency source.\nThese are accurate timing devices used in many applications such as wireless base stations, precision test and\nmeasurement equipment, network timing sources and military communications equipment. AccuBeat is the only\ncompany in Israel that manufactures these devices and is one of the few in the world.\nThese oscillator products contain a very small amount of Rubidium internally.\nSpecifically the products are AccuBeat model numbers AR133xx, AR40 and Nano Atomic Clock (NAC).\nTechnical details and performance specifications for these oscillators can be found on our website:\nwww.accubeat.com\nAccuBeat is requesting a letter of interpretation to state that the oscillator products are not Class 4 hazardous\nitems and can be safely transported domestically and internationally since the Rubidium content in these\nproducts is less than1 gram.\nThe U.S. Department of Transportation (DoT) already have published an interpretative guidance statement for\nsimilar products from another US manufacturer - Symmetricom (Please refer to Document # 080154 which is\nattached) that states that frequency standards containing Rubidium below 1 gram are not regarded as Class 4\nhazardous materials for commercial transportation.\nAccuBeat would like to request a similar letter of interpretation for the AccuBeat Rubidium oscillators from the\nAR133xx, AR40 and NAC products.\nFor any questions or additional information related to this request, please contact me.\nThank you in advance.\nJonathan Gurten\nQA Manager\n1\n\n<<<PAGE 3>>>\n\nMr. Gurten,\nPlease direct your interpretation request to infocntr@dot.gov and they will forward it to our Standards and Rulemaking\nRegards,\nAndrew Eckenrode\nFrom: PHMSA Webmaster\nSent: Thursday, February 16, 2017 1:09 AM\nTo: PHMSA HM Spec Permits <PHMSAHMSpecPermits@dot.gov>; PHMSA Webmaster <PHMSAWebmaster@dot.gov>\nSubject: Special Permits Feedback: Other Questions?\nSpecial Permits Questions Feedback\nName: Jonathan Gurten\nOrganization: AccuBeat Ltd\nStreet: Ha-Marpe 5\nCity: Jerusalem\nState:\nCountry: Israel\nZip: 9777405\nEmail: jonathan@accubeat.co.il\nPhone: +972-52-5229100\nFax Number: +972-2-5868550\n\n<<<PAGE 4>>>\n\nInese are accurale uming devices used in many\napplications such as wireless base stations, precision\ntest and measurement equipment, network timing\nsources and military communications equipment.\nAccuBeat is the only company in Israel that\nmanufactures these devices and is one of the few in\nthe world. These oscillator products contain a very\nsmall amount of Rubidium internally. Specifically\nthe products are AccuBeat model numbers\nAR133xx, AR40 and Nano Atomic Clock (NAC).\nTechnical details and performance specifications for\nthese oscillators can be found on our website:\nwww.accubeat.com AccuBeat is requesting a letter\nof interpretation to state that the oscillator products\nare not Class 4 hazardous items and can be safely\ntransported domestically and internationally since\nthe Rubidium content in these products is less thanl\ngram. The U.S. Department of Transportation (DoT)\nalready have published an interpretative guidance\nstatement for similar products from another US\nmanufacturer - Symmetricom (Please refer to\nDocument # 080154 which is attached) that states\nthat frequency standards containing Rubidium below\n1 gram are not regarded as Class 4 hazardous\nmaterials for commercial transportation. AccuBeat\nwould like to request a similar letter of interpretation\nfor the AccuBeat Rubidium oscillators from the\nAR133xx, AR40 and NAC products. For any\nquestions or additional information related to this\nrequest, please contact the undersigned. Thank you\nin advance. Sincerely, Jonathan Gurten QA Manager\nClick here to report this message as SPAM\n-- Powered by ATERA Networks --\n3\n\n<<<PAGE 5>>>\n\nFacility Manager\nSymmetricom\n34 Tozer Road\nBeverly, MA 01915-5510\nRef. No. 08-0154\nDear Mr. Beauchesne:\nThis responds to your May 16, 2008 letter requesting an update of an interpretation you\nreceived from the Office of Hazardous Materials Regulation of the Research and Special\nProgram Administration (RSPA), the predecessor agency to the Pipeline and Hazardous\nMaterials Safety Administration, regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180) to a device containing rubidium. Specifically,\nyou request clarification on an interpretation indicating the device containing rubidium does\nnot pose a transportation hazard as a flammable solid and whether the interpretation can be\nextended to Class 4 hazardous materials.\nYou provide a copy of the letter your company received in November 1984 stating the\nopinion of the Office that \"a frequency standard (device) containing less than one gram of\nrubidium does not pose a transportation hazard as a flammable solid and consequently is not\nregulated as such.\" You also indicate that your company continues to produce frequency\ndevices with less than one gram of rubidium for use in atomic clocks. Finally, in telephone\nconversations with our Office, you state that tests conducted by your company on\ncomponents of the devices in which the glass cells or lamps containing rubidium are broken\ndo not show spontaneous ignition or flammability when exposed to air or water.\nBased on the information provided and on previous interpretation by RSPA, it is the opinion\nof this Office that a frequency device containing less than one gram of rubidium for use in\natomic clocks is not subject to the HMR as a Class 4 hazardous material.\nI hope this information is helpful. Please contact us if you require additional assistance.\nSincerely,\nNine Duf\nJohn A. Gale,\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 6>>>\n\nDear Mr. Mazzullo:\nWe recently spoke to Dr. Ke, Offices of Hazardous Materials Technology - PHH-21-Sciences, about a\nletter our company received from DOT back in November 1984 (see attached). This letter states that our\nRubidium product line, containing less than one gram of rubidium, does not pose a transportation hazard.\nOur discussion with Dr. Ke was centered around updating the statement outlined and the date of this\nletter. Dr Ke stated that this document is still accurate but after a detailed discussion with Dr. Ke, and\nunder his advisement, we are sending this letter to you to request an updated version on the following\nissues:\n1. The original company name and address has changed. The original company was Ball\nEfratom Div out of Irving Cal, which is now:\nSymmetricomT 3p2\n0.5C3\n2 Corporate Headquarters\nA:3-ie-\n- ,23.00:Orchard Parkway\n* 2575Şan Jose, CA 95131\n!:.\n• USA\n2. We would also like a clarification on the statement of a flammable solid. Dr. Ke's\ninterpretation of this sentence is that we are covered for all divisions of Class 4. If this is\nindeed correct could we please get this changed from flammable solids to Class 4\n(Flammable Solids) in total?\nThe amount of Rubidium in today's current product is the same as what was described in 1984, which is\nless than 1 gram of Rubidium.\nSymmetricom is a manufacture of time and frequency devices using both Cesium and Rubidium in\nAtomic Clocks.\nIf you have any questions, please do not hesitate to call.\nhe\nGerald M. Beauchesne\nFacility Manager\n978-232-1485 (ph)\n978-265-2521 (cell)\n978-927-4099 (fáx):\nE-mail: GBeauchesne@symmetricom.com\n34 Tozer Rd, Beverly, MA 01915","truncated":false,"body_characters":10012}