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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.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.307, 173.306, 173.22

Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases
173.307 Exceptions for compressed gases