{"operation":"document","citation":"24-0028","title":"KMC Systems, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-09-03","effective_on":null,"summary":"24-0028 response to KMC Systems, Inc. concerning 173.307.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0028.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0028.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-24-0028","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-09/240028.pdf","body":"<<>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nSeptember 3, 2024\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nKevin Bourbeau\nStaff Mechanical Engineer\nKMC Systems, Inc.\n220 Daniel Webster Highway\nMerrimack, NH 03054\nReference No. 24-0028\nDear Mr. Bourbeau:\nThis letter is in response to your April 23, 2024, email requesting clarification of the Hazardous\nMaterials Regulations (HMR; 49 CFR Parts 171-180) applicable to transporting refrigerating\nmachines by air. Specifically, you ask whether an instrument containing two separate (i.e.,\nisolated) refrigerating machines each containing up to 100 grams of R-290—a flammable, non-\ntoxic gas—qualifies for the exception for compressed gases in refrigerating machines provided in\n§ 173.307(a)(4)(v).\nThe answer is yes. Refrigerating machines and components thereof, containing 100 g or less of a\nflammable, non-toxic liquefied gas, are not subject to the requirements of the HMR. It is the\nopinion of this Office that this exception continues to apply to separate—and isolated—\nrefrigerating machines regardless of whether the refrigerating machines component parts make\nup a larger instrument or piece of equipment. The refrigerating machines may not utilize the\nsame tubing, piping, or relevant components to function.\nPlease note, if being transported in accordance with the International Civil Aviation\nOrganization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO\nTI), special provision A103 of the ICAO TI may also apply and includes design requirements for\nthe refrigerating machine and its components.\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<<>>\n\nHorne\nFrom: INFOCNTR (PHMSA)\nTo: Dodd, Alice (PHMSA)\nCc: Hazmat Interps\nSubject: FW: Formal Letter of Interpretation\nDate: Wednesday, April 24, 2024 3:52:19 PM\nAttachments: image001.png\nimage006.png\nimage002.png\n24-0028\nHi Alice,\nPlease see the below interpretation request.\nLet me know if you need anything.\nRegards,\n-Breanna\nFrom: Bourbeau, Kevin \nSent: Tuesday, April 23, 2024 9:52 AM\nTo: PHMSA HM InfoCenter \nCc: Brooks, William \nSubject: Formal Letter of Interpretation\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.\nI am requesting a formal letter of interpretation. I have seen two online, but they are not quite the\nsame as our circumstances. The two similar letters are:\n08-0130\n21-0011\nMy question is regarding shipping Refrigerating Machines by air. I see that § 173.307(a)(4)(v) has an\nexception for Refrigerating Machines with <100grams or less of a flammable, non-toxic liquefied gas.\nWe are designing an instrument and we would like to have two completely separate Refrigerating\nmachines inside of one instrument, each of them containing up to 100 grams of R-290. Does the\nexception allow us to have up to 100grams in each Refrigerating machine or is the 100 grams for the\ntotal instrument? How does shipping two instruments together, each with one refrigerating\nmachine differ from shipping one instrument with two refrigerating machines inside?\nThank you for your help with this.\n\n<<>>\n\nKevin Bourbeau\nStaff Mechanical Engineer | KMC Systems, Inc.\nP: 603.595.5010\n220 Daniel Webster Hwy | Merrimack, NH 03054\nThe information contained in this email transmission may contain proprietary and business sensitive information. If you are\nnot the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this\ncommunication is strictly prohibited. Unauthorized interception of this e-mail is a violation of law. If you are not the intended\nrecipient, please contact the sender by reply email and immediately destroy all copies of the original message. Any technical\ndata and/or information provided with or in this email may be subject to U.S. export controls law. Export, diversion or\ndisclosure contrary to U.S. law is prohibited. Such technical data or information is not to be exported from the U.S. or given to\nany foreign person in the U.S. without prior written authorization of Elbit America and the appropriate U.S. Government\nagency.","truncated":false,"body_characters":4506}