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Interpretation Response #01-0038 ([William Wilkening])

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

Interpretation Response Details

Response Publish Date:

Company Name:

Individual Name: William Wilkening

Location State: AL Country: US

View the Interpretation Document

Response text:

Date:    JUN l2, 2001                    Reply to Attn of    Ref. No. 01-0038

Subject:     INFORMATION: Dry Shipper Instructions from Chart Industries

From:    Edward T. Mazzullo

Office of Hazardous Materials Standards, DHM-10

To:    William Wilkening, Program Manager

Dangerous Goods/Cargo Security, ACO-800

This responds to your memorandum dated February 2, 2001, requesting clarification of the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the use of a "dry shipper." A "dry shipper" is a dewar flask that has an outer jacket and an inner containment vessel. The absorbent material, saturated with liquid nitrogen, is located between the inner and outer walls in order to serve as a refrigerated container for the shipment of biological materials.

If there is no free liquid present in the packaging, the liquid nitrogen does not exhibit the characteristics of a "cryogenic liquid" as defined in 49 CFR 173.115 (g) and does not pose a hazard in transportation.

Therefore, a "dry shipper" with no free liquid present in the packaging, regardless of the orientation of the packaging, is not subject to regulation under either the HMR or the International Civil Aviation Organization (ICAO) Technical Instructions for the Safe Transport of Hazardous Materials. However, if the packaging is offered for transportation with free liquid present, it is subject to regulation when offered for transportation by aircraft (see 49 CFR 173.320).

I hope this answers your inquiry. If you need further assistance, please do not hesitate to contact us.

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173.320

Regulation Sections