Interpretation Response #98-0258
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
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
|§ 175.1||Purpose, scope and applicability|