University of Hawaii at Manoa — Hazardous Materials Safety Interpretation

Page 1U.S. Department of Transportation Washington, D.C 400 Seventh Street, S.W. 20590 Research and Administration Special Programs NOV 27 2000 MS • Julie Coughlin University of Hawaii at Manoa Ref. No. 00-0298 St. John 307 3190 Maile Way Honolulu, HI 96822 Dear Ms. Coughlin: This is in response to your October 24, 2000, letter requesting clarification of shipments of agricultural samples packaged with dry ice under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically you ask if agricultural samples frozen with more than 2.3 kg (5 pounds) of dry ice shipped to a chemistry laboratory for analysis are excepted from shipping paper and certification requirements under the provisions of $ 173.217(e). The answer is no. The exception from the shipping paper and certification requirements under $ 173.217(e) is limited to the transportation of material for diagnosis or treatment (i.e., the diagnosis or treatment of humans or animals). I hope this satisfies your request. Sincerely, Suhan ABillis Delmer F. Billings Chief, Standards Development Office of Hazardous Materials Standards#

Page 2University of Hawaii at Manoa Department of Plant and Environmental Protection Sciences College of Tropical Agriculture and Human Resources St. John 307 + 3190 Maile Way + Honolulu, Hawall 96822 October 24, 2000 Mr. Edward Nazzullo Director, Office of Hazardous Materials Standards 400 Seventh Street SW USDOT/RSPA (DHM-10) Washington, DC 20590 Dear Mr. Nazzullo, I would like to clarify an carlier roquest for a letter of interpretation regarding a specific packaging exception. In reference to my letter dated August 25, 2000 to your offico, I requested clarification regarding the 49 CFR, Part 173.217. 1 plan to ship frozen experimental samples packed in dry ice, using Foderal Expross Air Transportation. Each box shipped contains frozen, untreated or pesticide-treatcu agricultural commoditics packed in approximately 15 kg of dry ice per package. More or less dry ice is packed depending on the specific agriculture crop sample to be shipped, but we always require more than 2.3 kg of dry ice per package. I am aware of the exception you desoribed in your letter (175.10(a)(13)(i)). This exception would allow us to ship our samples (excepted from the HMR) providing the amount of dry ice is less ice per package. than 2.3 kg per package. Unfortunately, this doesn't apply becauso wo pack more than 2.3 kg dry I wanted clarification as to whether this type of shipment would fall under the exception 173.217 (c). I would like some clarification as to whether our agricultural samples fall under the calegory of: "material being refrigerated is uscd for diagnostic or treatment purposcs (c.g., frozen medical specimens)." (from Part 173.217, paragraph (c)): I want to make surc that those diagnostic samples fit the description listed in paragraph (e), and that it's OK to use this exemption for my shipments. The samples are shipped to chemistry laboratories for residue analysis to support pesticide tolerances, therefore, they are "for diagnostic (or treatment) purposes". I would like to usc this exception if it is applicable because the shipping paper and cerrification requirements are excepted. Shipping costs are considerably less if we don't have to ship our samples as dangerous goods. Thank you for taking the time to consider my request. Please call if you have any questions. Sincerely, We Confli ulie Coughlin Research Associate, Univ. of Hawaii Phone: (808)956-2003FAX: (803) 956-9675 AN EQUAL OPPORTUNITY EMPLOYER#