{"operation":"document","citation":"00-0133","title":"Buck Research Instruments, LLC — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-11-06","effective_on":null,"summary":"00-0133 response to Buck Research Instruments, LLC concerning 172.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0133.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0133.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0133","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000133.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nNOV - 6 2000\nWashington, D.C. 20590\n400 Seventh St., S.W.\nSpecial Programs\nResearch and\nAdministration\nMr. John Buetow\nPresident and CEO\nRef. No. 00-0133\n5375 Western Ave.\nBuck Research Instruments, LIC\nBoulder, CO 80301\nDear Mr. Buetow:\nThis responds to your letter and telephone conversation with\nDr. George Cushmac of the Office of Hazardous Materials\nTechnology regarding the applicability of the Hazardous Materials\nRegulations (HMR; 49 CER Parts 171-180) to your ionization cells\nthat contain a trace amount of nitric oxide.\nYou intend to offer\nthese cells to air carriers for domestic and international air\ntransportation and it is your opinion that they should be\nexcepted from the HMR.\nYou state that the ionization cells are used in a Lyman-alpha\nthick glass tubes which are 1\" long and 3\" in diameter.\nhygrometer, a humidity measuring instrument, and are made of\ntube contains a trace (1/47.5 of an atmosphere)\nEach\noxide under vacuum.\nTen tubes are placed in an intermediate\npackaging with cushioning and then placed into a strong,\ncorrugated outer packaging.\nIn your opinion, if the tubes were\nto break or leak while in transportation, the nitric oxide would\nimmediately mix with air and be rendered nontoxic.\nUnder the HMR, nitric oxide is classed as a Division 2.3 toxic\ngas. However, it is also our opinion that because of the trace\namount of nitric oxide in each tube and the manner in which it is\npackaged, the tubes would not pose a significant hazard to health\nduring transportation and, therefore, are not subject to the HMR.\nI trust this satisfies your request.\nwe can be of further assistance.\nPlease contact us again if\nSincerely,\nElen Pa mirzalle\nEdward I.\nDirector, Office of Hazardous\nMaterials Standards\n\n<<<PAGE 2>>>\n\nor ransomeone\nNOV - 6 2000\nWashington, D.C, 20590\n400 Seventh St., S.W.\nMr. John Buetow\nRef. No. 00-0133\nBuck Research Instruments, LLC\nPresident and CEO\n5375 Western Ave.\nBoulder, CO 80301\nDear Mr. Buetow:\nDr. George Cushmac of the Office of Hazardous Materials\nI'his responds to your letter and telephone conversation witt\n•Technology regarding the applicability of the Hazardous Materials\nthat contain a trace amount of nitric oxide.\nRegulations (HMR; 49 CFR Parts 171-180) to your ionization cells\nthese cells to air carriers for domestic and international air\ntransportation and it is your opinion that they should be\nexcepted from the HMR.\nYou state that the ionization cells are used in a Lyman-alpha\nthick glass tubes which are 1\" long and 3\" in diameter.\nhygrometer, a humidity measuring instrument, and are made of\nEach\ntube contains a trace (1/47.5 of an atmosphere) amount of nitric\noxide under vacuum.\nTen tubes are placed in an intermediate\npackaging with cushioning and then placed into a strong,\ncorrugated outer packaging.\nIn your opinion, if the tubes were\nto break or leak while in transportation, the nitric oxide would\nimmediately mix with air and be rendered\nnontoxic.\nUnder the HMR, nitric\nHowever, it is also our opinion that because of the trace\noxide is classed as a Division 2.3 toxic\namount of nitric oxide in each tube and the manner in which it is\npackaged, the tubes would not pose a significant hazard to health\nduring transportation and, thereforé, are not subject to the HMR.\nI trust this satisfies your request. Please contact us again if\nwe can be of further assistance.\nSincerely,\nElean 7 Mazalle\nDirector, Office of Hazardous\nMaterials Standards\n00-0133\n\n<<<PAGE 3>>>\n\nRBt menas luc\nStevens\n172,101\nNitrit Oxide\nApril 25, 2000\n00-0133\nEdward Mazzullo\nUS Department of Transportation\nResearch and Special Programs Administration\nOffice of Hazmat Safety\n400 7th Street SW\nWashington D.C. 20590\nDear Mr. Mazzullo:\nPran vins eu regrdingepackage vas sendin by oite ai atmospheric enelo ngeng in lsmy The\nregulation cited was the nitric oxide, compressed listing in the hazmat table (HMR 49 CFR 172.101 and UN\n1660), which is for large, highly pressurized, metal cylinders of nitric oxide (NO). The regulation forbids\ntransport of NO cylinders by air because NO is a hazatd class 2.3 gas poisonous by inhalation as defined by\nHIMR 49 CFR 173.115. Based upon the evidence I am presenting in this letter about the size of the NO\nionization cells, the amount of NO involved, the opinion of George Cushmac of RSPA, the steps we go\nthrough to protect the cells in transit, the cells' end use and the number of years they have been used without\nincident, I am asking for a letter of clarification of the regulations that states that these NO ionization cells are\nnot subject to this regulation and can be safely transported via aircraft.\nThe NO ionization cells are thick glass tubes that are 1\" long and ¾\" in diameter. These cells are first\nevacuated to 10-5 Torr, then backfilled with 16 Torr of NO, which is roughly 1/50th of an atmosphere. I have\nwould be sucked into them, diluting the NO concentration. If the tubes were to break, it is the opinion of\nenclosed drawings of the tubes to show the volume of gas involved. If the tubes were to develop a leak, air\nGeorge Cushmac (202-366-4493) of RSPA that the amount of NO contained within the tubes is insufficient to\ncause a danger to anyone and that they would be safe to transport by air.\nWe package the tubes to protect them from breakage by first wrapping the individual tubes in bubble wrap.\nThen we put the wrapped tubes into a coffee can and fill any voids with additional bubble wrap and/or\nstryofoam peanuts. Then we put the coffee can into a thick, corrugated cardboard box. Buck Research\nInstruments, LLC and the manufacturer (Glass Technologists of Annapolis, MD) have regularly shipped these\ndetector tubes for a total of 25+ years. In that time, we have never had a tube break in transit.\nThe NO ionization cells are used to detect ultraviolet light in a Lyman-alpha hygrometer, which is a high-speed\nhumidity measurement instrument originally developed in 1960 by the Naval Research Lab. The Lyman-alpha\nhygrometer has been used worldwide ever since by universities and atmospheric research agencies (e.g. NÅSA,\nNOAA and NCAR) on hundreds of different research aircraft. There has never been a safety issue with any of\nthe people flying the research aircraft about having the NO ionization cells on their aircraft.\nWe want to make certain that we are working within the rules and regulations of the US DOT. Therefore we\nare asking for this letter of interpretation. Please expedite your reply.\nSincerely,\nJoh e Bauctrs\nJohn Buetow\nPresident and CEO\n5375 Western Ave. - Boulder, CO 80301 • Tel: 303-442-6055 • Fax: 303-443-2986 • 1-800-HUMIDITY • email: info@hygrometers.com • Web: http://www.hygrometers.com\n\n<<<PAGE 4>>>\n\nRames LAc\nStevia\n172.161\nWitrit Oxide\nApal 25, 2000\n00-0133\nUS Department of Transportation\nEdward Mazzullo\nResearch and Special Progtams Administration\n4007ch Street SW\nOffice of Hazmat Safety\nWashington D.C. 20590\nDear Mr. Mazzullo:\nI am waiting you regarding a package I was sending by air to an atmospheric research agency in Germany. The\ntransport of NO cylinders by air because NO is a hazard class 2.3 gas poisonous by inhalation as defined by\nionization cells, the amount of NO involved, the opinion of George Cushmac of RSPA, the steps we go\nHMR 49 CFR 173.115. Based upon the evidence I am presenting in this letter about the size of the NO\nthrough to protect the cells in transit, the cells' end use and the number of years they have been used without\nnot subject to this regulation and can be safely transported via aircraft.\nincident, I am asking for a letter of clarification of the regulations that states that these NO ionization cells ate\nThe NO ionization cells are thick glass tubes that are 1\" long and %\" in diameter. These cells are first\nevacuated to 10-5 Tors, then backfilled with 16 Torr of NO, which is roughly 1/50h of an atmosphere I have\nwould be sucked into them, diluting the NO concentration. If the tubes were to break, it is the opinion of\nenclosed drawings of the tubes to show the volume of gas involved. If the tubes were to develop a leak, air\ncause a danger to anyone and that they would be safe to transport by aix\nGeorge Cushmac (202-366-4493) of RSPA that the amount of NO contained within the tubes is insufficient to\nThen we put the wrapped tubes into a coffee can and fill any voids with additional bubble wrap and/or\nWe package the tubes to protect them from breakage by first wrapping the individual tubes in bubble wrap.\nstryofoam peanuts. Then we put the coffee can into a thick, corrugated cardboard box. Buck Research\nInstruments, LLC and the manufacturer (Glass Technologists of Annapolis, MD) have regularly shipped these\ndetector tubes for a total of 25+ years. In that time, we have never had a tube break in transit.\nhumidity measurement instrument oxiginally developed in 1960 by the Naval Research Lab. The Lyman-alpha\nThe NO ionization cells are used to detect ultraviolet light in 2 Lyman-alpha hygrometer, which is a high-speed\nNOAA and NCAR) on hundreds of different research aircraft. There has never been a safety issue with any of\nhygrometer has been used worldwide ever since by universities and atmospheric research agencies (eg. NASA,\nthe people flying the research aircraft about having the NO ionization cells on their aircraft.\nare asking for this letter of intespretation. Please expedite your reply.\nWe want to make certain that we are working within the rules and regulations of the US DOT. Therefore we\nSincerely.\nJohn Buetow\nPresident and CEO\n5375 Western Ave, • Boulder, CO 80301 • Tel: 303-442-6055 • Fax: 303-443-2986 • 1-800-HUMIDITY • email: info@hygrometers.com • Web: http://www.hygrometers.com\n\n<<<PAGE 5>>>\n\nDETECTOR - LYMAN ALPHA\nSILVER CHLORIDE BOND\n(Model No. GT 203D)\nMAGNESIUM\nFLUORIDE WINDOW\nROUNDED END\n13 O.D. × 1MM THK\n, EVAPORATED METAL COATING\n22 MM\n9MM$0.5\nPYREX\nFILL DETECTOR WITH\n3\n16MM NITRIC OXIDE (NO)\n- 30 MM\n+— 12 MM","truncated":false,"body_characters":9936}