Interpretation Response #08-0130 ([Thermo Fisher Scientific] [Mr. Gene Sanders])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Thermo Fisher Scientific
Individual Name: Mr. Gene Sanders
Location State: PA Country: US
View the Interpretation Document
Response text:
July 22, 2008
Mr. Gene Sanders, DGSA
Dangerous Goods Transportation Specialist
Thermo Fisher Scientific
2000 Park Lane
Pittsburgh, PA 15275
Ref. No.: 08-0130
Dear Mr. Sanders:
This is in response to your May 7, 2008 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to refrigerating machines. Your scenario involves the classification of a refrigerating machine containing two types of refrigerant gases, one a Division 2.1, flammable gas and the other a Division 2.2, non-flammable, non-poisonous gas, in separate compressors. Specifically, you ask for the most appropriate description for the refrigerating machine specified above and how to determine the applicability of the compressed gas exceptions for refrigerating machines in § 173.307.
Under § 173.22, it is the shipper's responsibility to properly class and prepare a hazardous material for shipment. This Office does not perform that function. However, based on the information provided in your letter, it is the opinion of this Office that you may be able to take advantage of the exception in § 173.307(a)(4)(iii). When determining the applicability of § 173.307(a)(4)(iii), the combined weight of both gases must be less than 12 kg (25 pounds). Please note that the paragraph (a)(4)(iii) exception does not authorize air shipments.
If your refrigerating machine exceeds the 12 kg (25 pounds) gas limitation for the exception in § 173.307(a)(4)(iii), the machine may be shipped under the terms of a special permit or in accordance with § 173.306(e). Please refer to Part 107, Subpart B, § 107.105 for procedures
for applying for a special permit. If you are able to ship the refrigerating machine in accordance with § 173.306(e), you may describe it as "UN3358, Refrigerating machines, 2.1."
I hope this information is helpful. If you have further questions, please do not hesitate to contact this office.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.307, 173.306, 173.22