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Interpretation Response #02-0188 ([Raytheon Company] [Ted A. Rust])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: Raytheon Company

Individual Name: Ted A. Rust

Location State: TX Country: US

View the Interpretation Document

Response text:

Aug 15, 2002

Mr. Ted A. Rust                 Reference No. 02-0188
Packaging & Shipping Manager
Raytheon Company
2501 W. University, M/S 8000
Mckinney, TX 75070

Dear Mr. Rust:

This is in response to your letter dated July 10, 2002 requesting clarification of the requirements in §§173.306(e)and l73.307, under the Hazardous Materials Regulations(HMR; 49 CFR parts 171-180).  Specifically, you ask whether your device, which you refer to as a "cooler, cryogenic" meets the defining criteria for a refrigerating machine.

In your letter, you describe the "cooler, cryogenic" as containing very small amounts of compressed helium gas, averaging approximately 0.005 kg of gas, pressurized to between 200 and 400 psi in a cylindrical shaped housing with a maximum capacity of 85 cc.  You state that, because this device is mounted in other equipment during operation, you believe the most appropriate proper shipping name would be "Refrigerating machine, 2.2, UN2857."

The HMR govern the transportation of hazardous material in commerce.  Under § 173.22, it is the shipper’s responsibility to properly classify a hazardous material or determine that it does not meet a hazard class definition in Part 173.  It is our opinion that your device would be considered a refrigerating machine if it meets the defining criteria identified in § 173.306(e)(1)(i) thru (viii) - Please note that § 173.306(e) applies to new (unused) refrigerating machines and or components thereof.  In addition, we agree that your device would qualify under § 173.307(a)(4)(i). As you are aware, this provision provides that a refrigerating machine, including refrigerating machine components, containing 12 kg (25 pounds) or less of a non-flammable, non-toxic gas is not subject to the requirements of the HMR.

I hope this satisfies your request.


Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases