{"operation":"document","citation":"22-0045","title":"Parker Hannifin Corporation — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-08-24","effective_on":null,"summary":"22-0045 response to Parker Hannifin Corporation concerning 173.22, 173.306.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0045.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0045.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-22-0045","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/hazmat/interpretations/76746/220045.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nAugust 24, 2022\nMr. Erik Steinbeck, CDGP\nGlobal Logistics Manager\nParker Hannifin Corporation\nEngineered Materials Group\n601 South Street\nSaegertown, PA 16433\nReference No. 22-0045\nDear Mr. Steinbeck:\nThis letter is in response to your April 21, 2022, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to the shipment of an electro\nhydrostatic actuation (EHA) system. In your email, you state that your company designs and\nmanufactures EHA systems that are power-by-wire actuation systems, which utilize aircraft\nelectric power for flight control surface actuation. You also state that the EHA system is charged\nwith between 200 and 400 pounds per square inch (psig) of nitrogen prior to shipment, has a\nminimum burst pressure approximately 20 times the charge pressure at 70 °F, and is transported\nas “UN3164, Articles, pressurized pneumatic or hydraulic containing non-flammable gas, 2.2.”\nYou ask whether the EHA system—as described and pictured in your email—would qualify for\nthe limited quantity exceptions for accumulators, as specified in § 173.306(f)(1).\nAs specified in § 173.22 of the HMR, it is the responsibility of the shipper to properly classify a\nhazardous material that is to be offered for transportation and ensure that it is shipped in an\nauthorized packaging. Based on the information you provided in your email, it appears that your\ncomponent meets the burst pressure requirements for accumulators in § 173.306(f)(1). However,\n§ 173.306(f)(1) is meant for an accumulator which is installed in a motor vehicle, construction\nequipment, or assembled machinery—not a stand-alone component, such as your electro\nhydrostatic actuator.\n\n<<<PAGE 2>>>\n\nFurthermore, insufficient information is provided to classify your component as an accumulator,\nas recognized by § 173.306(f).\nI hope this information is helpful. Please contact us if we can be of further assistance.\nSincerely,\nT. Glenn Foster\nChief, Regulatory Review and Reinvention Branch\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nAndrews\n22-0045\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Parker Hannifin: Requesting confirmation of eligibility for exemption. 173.306(f)(1)\nDate: Thursday, May 5, 2022 12:29:00 PM\nHi Alice,\nPlease see the below interpretation request.\nShould you have any questions, please do not hesitate to reach out.\nRegards,\n-Breanna\nFrom: Erik Steinbeck <erik.steinbeck@parker.com>\nSent: Thursday, April 21, 2022 10:09 AM\nTo: INFOCNTR (PHMSA) <INFOCNTR.INFOCNTR@dot.gov>\nSubject: Parker Hannifin: Requesting confirmation of eligibility for exemption. 173.306(f)(1)\nCAUTION: This email originated from outside of the Department of Transportation (DOT). Do\nnot click on links or open attachments unless you recognize the sender and know the content\nis safe.\nTo whom it may concern,\nThe purpose of this message is to request confirmation of eligibility for exemptions as described in\nHMR 173.306(f)(1).\nParker Hannifin aerospace designs and manufactures electrohydrostatic actuation (EHA) systems\nsimilar to the photos attached below. EHA systems are power-by-wire actuation systems that utilize\naircraft electric power for flight control surface actuation. EHAs consist of a fixed displacement, high\nspeed, reversible pump and piston driven by a brushless DC electric motor.\n\n<<<PAGE 4>>>\n\nEach assembled device is charged with between 200 and 400 psig of nitrogen prior to shipment. The\nminimum burst pressure in all cases is approximately 20 times the charge pressure at 70 degrees\nFahrenheit. Said machinery is shipped by road, rail, ocean and air under the current UN assignment\n3164. I feel these devices satisfy the criteria for exemption as stated in 173.306(f)(1), and should not\nbe subject to regulation as dangerous goods.\nPlease confirm my understanding as time allows, or forward any additional questions you may have.\nThank you as always for your professionalism and service.\nKind regards,\nErik Steinbeck, CDGP\nGlobal Logistics Manager\nParker Hannifin Corporation\nEngineered Materials Group\n601 South Street\nSaegertown, PA 16433\nDirect: 814 763 2345 x433\nMobile: 814 590 2200\nerik.steinbeck@parker.com\nwww.parker.com\nwww.lord.com","truncated":false,"body_characters":4386}