{"operation":"document","citation":"00-0172","title":"MedCenter Air — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-06-12","effective_on":null,"summary":"00-0172 response to MedCenter Air concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0172.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0172.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0172","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000172.pdf","body":"<<<PAGE 1>>>\n\nU.S.Department\nof Transportation\nWashington, D.C.\n400 Seventh Street, S.W.\n20590\nResearch and\nspecial Programs\nAdministratiol\nJUL 1 2 2000\nMr. Michael Keller\nRef. No. 00-0172\nGround Services Team Leader\nMedCenter Air\nP.O. Box 32861\nCharlotte, NC 28232-2861\nDear Mr. Keller:\nThis is in response to your letter requesting clarification on the use of nitric oxide and nitrogen mixtures\nfor medical use under the Hazardous Materials Regulation (HMR: 49 CFR Parts 171-180).\nSpecifically, you ask if a mixture comprised of .08% nitric oxide with the balance nitrogen is regulated\nwhen used in ground ambulances, medical helicopters and medical fixed wing aircraft.\nIt is the opinion of this Office that a compressed gas mixture containing .08% of nitric oxide with the\nbalance nitrogen is properly classed as Division 2.2. Such a gas is not poisonous by inhalation.\nAn ambulance that uses a compressed gas to treat a patient being transported is not regulated under the\nHMR. Such materials are not being transported as items of commerce and are not subject to the\nHMR. It is regulated, however, when transported on board commercial medical helicopters and\nmedical fixed wing aircraft.\nFor your information, as provided by § 175.10(a) 14), a transport incubator unit necessary to protect\nlife transported by aircraft is not regulated under the HMR when: (1) the compressed gas used to\noperate the unit is in an authorized DOT specification cylinder that is marked, labeled, filled and\nmaintained as prescribed by the HMR; (2) any batteries used in its operation are of the non-spillable\ntype; (3) the unit is constructed so that valves, fittings, and gauges are protected from damage; (4) the\npilot in command is advised that the unit is onboard and when it is intended for use; (5) it is\naccompanied by a person qualified to operate it; (6) it is secured in the aircraft in a manner that does\nnot restrict access to or use of any required emergency or regular exit or of the aisle in the passenger\ncompartment; and (7) there is no smoking within ten feet of the unit.\n17510\n000172\n\n<<<PAGE 2>>>\n\nAn incubator unit using a Division 2.2 (non-flammable gas) compressed gas mixture is not regulated for\nair transport when the above conditions are met. Therefore, you may transport an incubator as\ndescribed above as unregulated.\nI hope this information is helpful.\nSincerely,\non I. All.\nThomas G. Allan\nSenior Transportation Regulations Specialist\nOffice of Hazardous Materials Standards\n\n<<<PAGE 3>>>\n\n:\nTwitty\n§ 175.10\nMEDCENTER AIR\n00-0172\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\nResearch and Special Programs Administration\nUS Department of Transportation\n400 Seventh Street, SW\nWashington, D.C. 20590\nDear Mr. Billings:\nPlease find enclosed several correspondences regarding the transport of Nitric Oxide as a medical use gas.\nRespiratory Care and the other is an attached letter from Ms. Adams to our Neonatal Transport Medical\nOne of the documents is a letter from you to Ms. Kathleen Adams of the American Association for\nDirector, Dr. Kueser. The administration of MedCenter Air of the Carolinas Healthcare System is\nrequesting a letter from your organization, addressed to our organization, outlining the same issues you\ntransport of this medical gas on our aircraft and ground ambulances and desire a correspondence from your\nclarified for Ms. Adams. We are in the process of completing our protocols and procedures for the\nofficê to remain on file.\nThank you for your consideration on this matter. If I can answer any questions, please do not hesitate to\ncontact me.\nSincerely,\nMichael Keller\n704-355-1624\nGround Services Team Leader\nmkeller@carolinas.org\nBOX\n32861 CHARLOTTE NC 28232-2861 (800)421-9195","truncated":false,"body_characters":3767}