# KMC Systems, Inc. — Hazardous Materials Safety Interpretation

- **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:** Not available
- **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:**

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U.S. Department
of Transportation
Pipeline and Hazardous
Materials Safety
Administration
September 3, 2024
1200 New Jersey Avenue, SE
Washington, DC 20590
Kevin Bourbeau
Staff Mechanical Engineer
KMC Systems, Inc.
220 Daniel Webster Highway
Merrimack, NH 03054
Reference No. 24-0028
Dear Mr. Bourbeau:
This letter is in response to your April 23, 2024, email requesting clarification of the Hazardous
Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to transporting refrigerating
machines by air. Specifically, you ask whether an instrument containing two separate (i.e.,
isolated) refrigerating machines each containing up to 100 grams of R-290—a flammable, non-
toxic gas—qualifies for the exception for compressed gases in refrigerating machines provided in
§ 173.307(a)(4)(v).
The answer is yes. Refrigerating machines and components thereof, containing 100 g or less of a
flammable, non-toxic liquefied gas, are not subject to the requirements of the HMR. It is the
opinion of this Office that this exception continues to apply to separate—and isolated—
refrigerating machines regardless of whether the refrigerating machines component parts make
up a larger instrument or piece of equipment. The refrigerating machines may not utilize the
same tubing, piping, or relevant components to function.
Please note, if being transported in accordance with the International Civil Aviation
Organization’s Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO
TI), special provision A103 of the ICAO TI may also apply and includes design requirements for
the refrigerating machine and its components.
I hope this information is helpful. Please contact us if we can be of further assistance.
Sincerely,
Dirk Der Kinderen
Chief, Standards Development Branch
Standards and Rulemaking Division

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Horne
From: INFOCNTR (PHMSA)
To: Dodd, Alice (PHMSA)
Cc: Hazmat Interps
Subject: FW: Formal Letter of Interpretation
Date: Wednesday, April 24, 2024 3:52:19 PM
Attachments: image001.png
image006.png
image002.png
24-0028
Hi Alice,
Please see the below interpretation request.
Let me know if you need anything.
Regards,
-Breanna
From: Bourbeau, Kevin <Kevin.Bourbeau@elbitsystems-us.com>
Sent: Tuesday, April 23, 2024 9:52 AM
To: PHMSA HM InfoCenter <PHMSAHMInfoCenter@dot.gov>
Cc: Brooks, William <William.Brooks@elbitsystems-us.com>
Subject: Formal Letter of Interpretation
CAUTION: This email originated from outside of the Department of Transportation (DOT). Do
not click on links or open attachments unless you recognize the sender and know the content
is safe.
I am requesting a formal letter of interpretation. I have seen two online, but they are not quite the
same as our circumstances. The two similar letters are:
08-0130
21-0011
My question is regarding shipping Refrigerating Machines by air. I see that § 173.307(a)(4)(v) has an
exception for Refrigerating Machines with <100grams or less of a flammable, non-toxic liquefied gas.
We are designing an instrument and we would like to have two completely separate Refrigerating
machines inside of one instrument, each of them containing up to 100 grams of R-290. Does the
exception allow us to have up to 100grams in each Refrigerating machine or is the 100 grams for the
total instrument? How does shipping two instruments together, each with one refrigerating
machine differ from shipping one instrument with two refrigerating machines inside?
Thank you for your help with this.

<<<PAGE 3>>>

Kevin Bourbeau
Staff Mechanical Engineer | KMC Systems, Inc.
P: 603.595.5010
220 Daniel Webster Hwy | Merrimack, NH 03054
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