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Interpretation Response #09-0113 ([Murphy Industries] [Ms. Alecia Rice])

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

Interpretation Response Details

Response Publish Date:

Company Name: Murphy Industries

Individual Name: Ms. Alecia Rice

Location State: OK Country: US

View the Interpretation Document

Response text:

June 19, 2009




Ms. Alecia Rice

Logistics manager

Murphy Industries

5311 S. 122nd E Avenue

Tulsa, OK 74146

Ref. No. 09-0113

Dear Ms. Rice:

This responds to your February 26, 2009 request for clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask if the temperature gauges manufactured by your company are regulated as hazardous materials under the HMR.

According to your letter, you manufacture temperature gauges for installation onto a customer"s engine or engine-driven equipment and in control/monitoring panels. The gauges function on vapor tension. The chemical contents are housed in the bulb, capillary tubing, and pressure sensing diaphragm or bourton tube of your products. You state that your temperature gauges may contain a minimum of 0.2 mL to a maximum of 29.1 mL of one of the following hazardous materials: (1) dichloromethane; (2) 1, 1, 1, 2 "tetrafluoroethane (Suva®134); (3) xylene; (4) 1-chloro-1, 2, 2, 2, -tetrafluoroethane (Suva®124); or (4) n-propanol alcohol. You ask if the temperature gauges may be excepted from HMR requirements in accordance Special Provision 136 in § 172.101.

Among other requirements, Special Provision 136 provides that the Associate Administrator may except machinery, equipment, and apparatus containing hazardous materials from the HMR provided: (1) it is shown that the hazardous material does not pose a significant risk in transportation; (2) the quantities of hazardous materials contained in the equipment, machinery, or apparatus do not exceed those specified in § 173.4 of the HMR; and (3) the equipment, machinery, or apparatus conforms with § 173.222 of the HMR. Based on the information provided in your letter, we agree that the hazardous materials contained in your devices do not pose a significant risk in transportation. Moreover, the quantities of hazardous materials contained in the devices are below the limits specified in § 173.4 and the device conforms to the packaging requirements specified in § 173.222. Therefore, we agree that the temperature gauges meet the criteria for the exception provided in Special Provision 136.

The exception specified in Special Provision 136 requires the approval of the Associate Administrator of Hazardous Materials Safety. We understand that PHMSA"s Office of Hazardous Materials Special Permits and Approvals is currently processing your application for an approval in accordance with 49 CFR Subpart H, Part 107, §107.705, "Registrations, reports, and applications for approval."

I hope this answers your inquiry.


Charles E. Betts

Chief, Standards Development

Office of Hazardous Materials Standards

172/102 SP 136, 173.4, 173.222

Regulation Sections

Section Subject
173.222 Dangerous goods in equipment, machinery or apparatus
173.4 Small quantities for highway and rail