Interpretation Response #11-0144
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
January 19, 2012
Mr. Marty Beyer
Chart Industries Inc.
1300 Airport Drive
Ball Ground, GA 30107
Ref. No.: 11-0144
Dear Mr. Beyer:
This responds to your initial July 1, 2011 request and subsequent July 13, 2011 email seeking clarification of the requirements in the International Air Transport Association's (IATA) Dangerous Goods Regulations and the Hazardous Materials Regulations (HMR; 49 C.F.R. Parts 171-180). As information, the IATA regulations do not have official standing under the HMR. The regulations recognized by the HMR and conditionally authorized for use in § 171.22 are the International Civil Aviation Organization's (ICAO) Technical Instructions. Since the 2011-2012 edition of the ICAO Technical Instructions includes the same Packing Instruction 202, this letter interprets the ICAO provision. Your questions are paraphrased and answered below.
Q1. Would the requirements in Packing Instruction 202 for open cryogenic receptacles allow the markings to be engraved or printed on a permanently attached data plate welded to the upper surface of the receptacle?
A1. Yes. Package Instruction 202 requires the marks to be "permanently affixed, e.g. by stamping, engraving or etching." Markings on a data plate welded to the upper surface of the receptacle would be considered permanently affixed.
Q2. Would the requirements in Packing Instruction 202 for open cryogenic receptacles allow the markings to be on an adhesive label attached to the upper surface of the receptacle?
A2. Yes. Package Instruction 202 of the ICAO Technical Instructions states that the receptacle must be "designed, manufactured, tested and equipped in such a way as to withstand all conditions, including fatigue, to which they will be subjected during their normal use and during normal conditions of transport." Further, Package Instruction 202 requires that the marks be permanently affixed to the receptacle. While this office generally does not recommend the use of a label for permanently affixing package markings to a receptacle, provided the label is of a permanent character and affixed in a permanent manner, it is our opinion that affixing a printed label is acceptable.
Q3. Would the requirements in Packing Instruction 202 for open cryogenic receptacles allow the markings to be engraved on a tag that is attached by a cable or short chain to the upper surface of the receptacle?
A3. No. It is our opinion that a tag is not affixed to the receptacle.
Q4. May open top cryogenic receptacles with free liquid nitrogen in the bottom be shipped under Package Instruction 202 as a dry shipper?
A4. No. Section 173.320(a) of the HMR provides that cryogenic liquids in Dewar flasks designed and constructed so that the pressure will not exceed 25.3 psig under normal ambient temperature conditions when transported by rail and motor vehicle are not subject to the HMR requirements. However, for transportation by aircraft, an offeror must follow all applicable air transportation requirements. Additionally, when transported by aircraft, a dry shipper may not contain any unabsorbed liquid.
Q5. When returned empty with some absorbed liquid nitrogen, is the container still considered a dry shipper?
A5. Yes. A dry shipper, which is a specially designed Dewar flask that uses nitrogen, refrigerated liquid as a refrigerant, would still be considered a dry shipper if the absorbent material is saturated with nitrogen, refrigerated liquid, with no free liquid present in the packaging.
Q6. What is the function of the UN number marking?
A6. The UN number is an identification number assigned to each proper shipping name of a material designated as a hazardous material in the HMR or a dangerous good in the ICAO Technical Instructions. A list of hazardous materials and their identification numbers is located in the Hazardous Materials Table in § 172.101 of the HMR, and in Table 3.1 of the ICAO Technical Instructions.
I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Charles E. Betts
Standards and Rulemaking Division
172.101, 173.320, 171.22
|§ 171.22||Authorization and conditions for the use of international standards and regulations|