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Interpretation Response #98-0273 ([Arctic Foundations, Inc.] [Mr. Edward Yarmak, Jr., P.E.])

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

Interpretation Response Details

Response Publish Date:

Company Name: Arctic Foundations, Inc.

Individual Name: Mr. Edward Yarmak, Jr., P.E.

Location State: AK Country: US

View the Interpretation Document

Response text:

SEP 21, 1998


Mr. Edward Yarmak, Jr., P.E.                             98-0273
Chief Engineer
Arctic Foundations, Inc.
5621 Arctic Boulevard
Anchorage, Alaska 99518-1667

Dear Mr. Yarmak:

This is in response to your letter dated September 8, 1998 requesting clarification of the requirements in § 173.306 (e), under the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180).  Specifically, you ask whether your devices, which you refer to as Thermopiles and Thermoprobes, meet the defining criteria for refrigeration machines.

The HMR govern the transportation of hazardous materials 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.  If your devices conforms to the defining criteria identified in § 173.306 (e), it is the opinion of this office that they would be considered to be Refrigerating machines.

If we can be of further assistance, please feel free to contact us.



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


Regulation Sections

Section Subject
173.306 Limited quantities of compressed gases