USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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

Interpretation Response #98-0258 ([Cook Children's Medical Center] [Mr. Ray Crain])

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

Interpretation Response Details

Response Publish Date:

Company Name: Cook Children's Medical Center

Individual Name: Mr. Ray Crain

Location State: TX Country: US

View the Interpretation Document

Response text:

AUG 28, 1998


Mr. Ray Crain                            Ref. No. 98-0258
Teddy Bear Transport
Cook Children's Medical Center
13725 Stone Road
Burleson, TX 76028

Dear Mr. Crain:

This is in response to your letter of March 21, 1998, requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180) regarding the transportation of an incubator unit by aircraft. Specifically you request confirmation that a compressed gas mixture containing 800 ppm of nitric oxide in nitrogen may be transported under the provisions of § 175.10(a) (14).

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 which 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.

A compressed gas mixture properly classed as Division 2.2 (non¬flammable gas) is not regulated when transported by aircraft when the above conditions are met. It is the opinion of this Office that a compressed gas mixture containing 800 ppm of nitric oxide in nitrogen is properly classed as Division 2.2. Therefore, you may transport the incubator unit as described above.

I hope this information is helpful.



Thomas G. Allan
Senior Transportation Specialist
Office of Hazardous Materials Standards


Regulation Sections

Section Subject
175.1 Purpose, scope and applicability