{"operation":"document","citation":"22-0010","title":"CryoLogistics Refrigeration Technologies Ltd. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-10-13","effective_on":null,"summary":"22-0010 response to CryoLogistics Refrigeration Technologies Ltd. concerning 171.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76866/220010.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nOctober 13, 2022\nRodger Talstra, P.Eng.\nLead Test Engineer\nCryoLogistics Refrigeration Technologies Ltd.\n104 - 506 John St,\nVictoria, BC, Canada V8T 1T6\nReference No. 22-0010\nDear Mr. Talstra:\nThis letter is in response to your February 18, 2022, email requesting clarification of the\nHazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to a refrigeration\ndevice. In your email, you note that the device is constructed with four gas cylinders\nmanifolded together—with each cylinder containing 50 pounds of carbon dioxide (CO2”) (i.e.,\ntotal capacity of 200 pounds)—used to support the refrigerating function of the device. Further,\nyou note that after use the liquid CO2 refrigerant is vented in small amounts, similar to a dry ice\ncooling device, and is not an asphyxiant under normal conditions. Specifically, you ask whether\nthe refrigeration device, which is intended to be in use during ground and air transportation to\nmaintain temperature control of products inside the device—e.g., food and pharmaceuticals—is\nsubject to the HMR.\nThe answer is yes. As described in your email, the HMR does not provide a full exception from\nregulation for such refrigeration devices.\nYou may consider applying for a special permit for transportation of these refrigeration devices\nby submitting an application to the Associate Administrator for Hazardous Materials Safety in\nconformance with the requirements prescribed in 49 CFR Part 107, Subpart B.\n\n<<<PAGE 2>>>\n\nYou may obtain information on the special permit application process from our website at\nhttps://www.phmsa.dot.gov/approvals-and-permits/hazmat/hazardous-materials-approvals-and-\npermits-overview, or by calling PHMSA's General Approvals and Permits Division at (202) 366-\n4511.\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nDirk Der Kinderen\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nCasey\nFrom: Kelley, Shane (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Patrick, Eamonn (PHMSA); Nickels, Matthew (PHMSA)\nSubject: Fwd: PV Regulation for Transport Containers\nDate: Friday, February 18, 2022 12:52:01 PM\nAttachments: image002.png\nimage003.png\nimage004.png\nimage005.png\n22-0010\nHi Alice\nWould you please log in as an interp request?\nEamonn has some background for whomever is assigned.\nBest\nShane\nFrom: Rodger Talstra <rtalstra@cryologistics.ca>\nSent: Friday, February 18, 2022 12:22:57 PM\nTo: Kelley, Shane (PHMSA) <shane.kelley@dot.gov>\nCc: Patrick, Eamonn (PHMSA) <eamonn.patrick@dot.gov>\nSubject: PV Regulation for Transport Containers\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do not click on links or\nopen attachments unless you recognize the sender and know the content is safe.\nHello Shane,\nAfter reviewing our application with Eamonn Patrick and Steven Webb they have recommended that\nI proceed with a request for a written interpretation of the applicability of the US DOT Hazardous\nMaterials Regulations for our cold storage container device.\nHere is the information about our device again:\nCryoLogistics manufactures pallet size cold storage containers in Victoria, BC that use pressurized\nliquid CO2 as a refrigerant. It is intended solely to consolidate and maintain temperature control of\nthe items inside the device, and is not in and of itself an item delivered as cargo. Typical items\ntransported in the container are temperature sensitive goods such as food and pharmaceuticals.\nAfter use the liquid CO2 refrigerant is vented in small amounts similar to a dry ice cooling device and\nis not an asphyxiant under normal conditions.\nYou can see our website for specs and pictures of the container:\nhttps://cryologistics.ca/\nAnd here is an image of the tank assembled and tested to ASME standards:\n\n<<<PAGE 4>>>\n\nConstruction is four gas cylinders manifolded together and this tank assembly is mounted and\nenclosed on top of the container behind the controller.\nOur tank capacity is 200 pounds. We use four 50lb cylinders so we are filling to the same capacity\nthat the cylinders would be rated for if used as an individual gas cylinder. Also the tank is fully\npressure protected with two PRVs and we plan to add a backpressure regulator also.\nI would like to know if this refrigeration device is subject to the HMR when transported via highway\nor aircraft. Transport Canada has determined that it is exempt from the TDG because the purpose of\nthe refrigeration system is to operate in transport (Clause 1.27 (1)(d)).\nThank you for your review,\nRodger\nRodger Talstra,\nP.Eng.\nLead Test Engineer |\nTesting & Validation\nCryoLogistics\nRefrigeration\nTechnologies Ltd.\n250-940-4830 x106\nrtalstra@cryologistics.ca\nwww.CryoLogistics.ca\n104 - 506 John St,\nVictoria, BC, Canada V8T\n1T6\nSnowSHIP Brochure","truncated":false,"body_characters":4965}