Interpretation Response #00-0172 ([MedCenter Air] [Mr. Michael Keller])

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

Interpretation Response Details

Response Publish Date: 06/12/2000

Company Name: MedCenter Air

Individual Name: Mr. Michael Keller

Location State: NC Country: US

View the Interpretation Document

Response text:

June 12, 2000

Mr. Michael Keller                Ref. No. 00-0172

Ground Services Team Leader

MedCenter Air

P.O. Box 32861

Charlotte, NC 28232-2861

Dear Mr. Keller:

This is in response to your letter requesting clarification on the use of nitric oxide and nitrogen mixtures for medical use under the Hazardous Materials Regulation (HMR: 49 CFR Parts 171-180). Specifically, you ask if a mixture comprised of .08% nitric oxide with the balance nitrogen is regulated when used in ground ambulances, medical helicopters and medical fixed wing aircraft.

It is the opinion of this Office that a compressed gas mixture containing .08% of nitric oxide with the balance nitrogen is properly classed as Division 2.2. Such a gas is not poisonous by inhalation.

An ambulance that uses a compressed gas to treat a patient being transported is not regulated under the HMR.  Such materials are not being transported as items of commerce and are not subject to the HMR.  It is regulated, however, when transported on board commercial medical helicopters and medical fixed wing aircraft.

For your information, as provided by §175.10(a)(14), a transport incubator unit necessary to protect life transported by aircraft is not regulated under the HMR when: (1) the compressed gas used to operate the unit is in an authorized DOT specification cylinder that is marked, labeled, filled and maintained as prescribed by the HMR; (2) any batteries used in its operation are of the non-spillable type; (3) the unit is constructed so that valves, fittings, and gauges are protected from damage; (4) the pilot in command is advised that the unit is onboard and when it is intended for use; (5) it is accompanied by a person qualified to operate it; (6) it is secured in the aircraft in a manner that does not restrict access to or use of any required emergency or regular exit or of the aisle in the passenger compartment; and (7) there is no smoking within ten feet of the unit.

An incubator unit using a Division 2.2 (non-flammable gas) compressed gas mixture is not regulated for air transport when the above conditions are met, Therefore, you may transport an incubator as described above as unregulated.

I hope this information is helpful.

Sincerely,

Thomas G. Allan

Senior Transportation Regulations Specialist

Office of Hazardous Materials Standards

175.10

Regulation Sections