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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #09-0018 ([Bioject, Inc.] [Mr. David Stark])

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

Interpretation Response Details

Response Publish Date:

Company Name: Bioject, Inc.

Individual Name: Mr. David Stark

Location State: OR Country: US

View the Interpretation Document

Response text:

August 17, 2009




Mr. David Stark

Purchasing Supervisor

Bioject, Inc.

20245 S.W. 95th Avenue

Tualatin, Oregon 97062

Ref. No. 09-0018

Dear Mr. Stark:

This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) as applied to certain carbon dioxide cylinders that are used in a medical device to administer needle-free injections. Specifically, you ask whether the cylinders may continue to be carried on board passenger-carrying aircraft in checked or carry-on baggage under the exceptions for passengers and crewmembers in § 175.10 of the HMR and if three previously issued interpretations on the issue (07-0078, 02-0193 and 00-0206) remain valid. Additionally, you ask whether the cylinders may be offered as cargo to a passenger-carrying air carrier under the excepted quantities provisions in § 173.4a of the HMR.

The answer to all of your questions is yes. The cylinders may continue to be carried on board an aircraft in checked or carry-on baggage by a passenger or crewmember under the personal-use exceptions for non-radioactive medicinal and toilet articles in § 175.10(a)(1)(i). The previously issued guidance remains valid. Under the provisions for excepted quantities in

§ 173.4a, a Division 2.2 gas without a subsidiary hazard that is packaged in a pressure vessel with a water capacity of 30 mL (1.8 cubic inches) or less may be offered for transportation by all modes under the conditions specified. Therefore, if the cylinders described in your letter comply with the requirements of § 173.4a, they would be eligible for the excepted quantity exceptions.

I trust this satisfies your inquiry. Please contact us if we can be of further assistance.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

175.10, 173.4a

Regulation Sections

Section Subject
173.4a Excepted quantities
175.10 Exceptions for passengers, crewmembers, and air operators