{"operation":"document","citation":"00-0298","title":"University of Hawaii at Manoa — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-11-27","effective_on":null,"summary":"00-0298 response to University of Hawaii at Manoa concerning 173.217.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0298.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0298.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-00-0298","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2000/000298.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nWashington, D.C\n400 Seventh Street, S.W.\n20590\nResearch and\nAdministration\nSpecial Programs\nNOV 27 2000\nMS •\nJulie Coughlin\nUniversity of Hawaii at Manoa\nRef. No. 00-0298\nSt. John\n307\n3190 Maile Way\nHonolulu, HI\n96822\nDear Ms. Coughlin:\nThis is in response to your October 24, 2000, letter\nrequesting clarification of shipments of agricultural samples\npackaged with dry ice under the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180). Specifically you ask\nif agricultural samples frozen with more than 2.3 kg (5\npounds) of dry ice shipped to a chemistry laboratory for\nanalysis are excepted from shipping paper and certification\nrequirements under the provisions of $ 173.217(e).\nThe answer is no. The exception from the shipping paper and\ncertification requirements under $ 173.217(e) is limited to\nthe transportation of material for diagnosis or treatment\n(i.e., the diagnosis or treatment of humans or animals).\nI hope this satisfies your request.\nSincerely,\nSuhan ABillis\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials\nStandards\n\n<<<PAGE 2>>>\n\nUniversity of Hawaii at Manoa\nDepartment of Plant and Environmental Protection Sciences\nCollege of Tropical Agriculture and Human Resources\nSt. John 307 + 3190 Maile Way + Honolulu, Hawall 96822\nOctober 24, 2000\nMr. Edward Nazzullo\nDirector, Office of Hazardous Materials Standards\n400 Seventh Street SW\nUSDOT/RSPA (DHM-10)\nWashington, DC 20590\nDear Mr. Nazzullo,\nI would like to clarify an carlier roquest for a letter of interpretation regarding a specific\npackaging exception. In reference to my letter dated August 25, 2000 to your offico, I requested\nclarification regarding the 49 CFR, Part 173.217. 1 plan to ship frozen experimental samples\npacked in dry ice, using Foderal Expross Air Transportation. Each box shipped contains frozen,\nuntreated or pesticide-treatcu agricultural commoditics packed in approximately 15 kg of dry ice\nper package. More or less dry ice is packed depending on the specific agriculture crop sample to\nbe shipped, but we always require more than 2.3 kg of dry ice per package.\nI am aware of the exception you desoribed in your letter (175.10(a)(13)(i)). This exception would\nallow us to ship our samples (excepted from the HMR) providing the amount of dry ice is less\nice per package.\nthan 2.3 kg per package. Unfortunately, this doesn't apply becauso wo pack more than 2.3 kg dry\nI wanted clarification as to whether this type of shipment would fall under the exception 173.217\n(c). I would like some clarification as to whether our agricultural samples fall under the calegory\nof: \"material being refrigerated is uscd for diagnostic or treatment purposcs (c.g., frozen medical\nspecimens).\" (from Part 173.217, paragraph (c)): I want to make surc that those diagnostic\nsamples fit the description listed in paragraph (e), and that it's OK to use this exemption for my\nshipments. The samples are shipped to chemistry laboratories for residue analysis to support\npesticide tolerances, therefore, they are \"for diagnostic (or treatment) purposes\".\nI would like to usc this exception if it is applicable because the shipping paper and cerrification\nrequirements are excepted. Shipping costs are considerably less if we don't have to ship our\nsamples as dangerous goods.\nThank you for taking the time to consider my request. Please call if you have any questions.\nSincerely,\nWe Confli\nulie Coughlin\nResearch Associate, Univ. of Hawaii\nPhone: (808)956-2003FAX: (803) 956-9675\nAN EQUAL OPPORTUNITY EMPLOYER","truncated":false,"body_characters":3573}