{"operation":"document","citation":"01-0038","title":"William Wilkening — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-06-12","effective_on":null,"summary":"01-0038 concerning 173.320.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-01-0038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2001/010038.pdf","body":"<<<PAGE 1>>>\n\n•\nMemorandum\nUS Deportment\nof Transportation\nResearch and\nAdministration\nSpecial Programs\nDato\nJUN 12 2001\nRedly to Aren of\nRef. No. 01-0038\nSubject\nINFORMATION: Dry Shipper Instructions from Chart Industries\nAlo\nFrom\nOffice of Hazardous Materials Standards, DHM-10\nWilliam Wilkening, Program Manager\nDangerous Goods/Cargo Security, ACO-800\nThis responds to your memorandum dated February 2, 2001, requesting clarification of the applicability\nof the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to the use of a \"dry shipper.\"\nA \"dry shipper\" is a dewar flask that has an outer jacket and an inner containment vessel. The\nabsorbent material, saturated with liquid nitrogen, is located between the inner and outer walls in order\nto serve as a refrigerated container for the shipment of biological materials.\nIf there is no free liquid present in the packaging, the liquid nitrogen does not exhibit the characteristics\nof a \"cryogenic liquid\" as defined in 49 CFR 173.115(g) and does not pose a hazard in transportation.\nTherefore, a \"dry shipper\" with no free liquid present in the packaging, regardless of the orientation of\nthe packaging, is not subject to regulation under either the HMR or the International Civil Aviation\nOrganization (ICAO) Technical Instructions for the Safe Transport of Hazardous Materials. However,\nif the packaging is offered for transportation with free liquid present, it is subject to regulation when\noffered for transportation by aircraft (see 49 CFR 173.320).\nI hope this answers your inquiry. If you need further assistance, please do not hesitate to contact us.\n#\n\n<<<PAGE 2>>>\n\nBoothe\n$173.320\nMemorandum\nU.S. Department\nof Transportation\nExceptions\nFederal Avlation\nAdministration\n01 - 0038\nSubject:\nACTION: Dry shipper instructions from Chart\nDato:\nIndustries\nFEB\n22001\nFrom: Program Manager, Dangerous Goods/Cargo\nReply t\nSecurity, ACO-800\nston. of\nTo: Robert McGuire, Associate Administrator for\nHazardous Materials Safety, DHM-1\nOur Western Pacific region has opened a case against the University of Arizona Medical\nSchool for offering an improperly packaged cryogenic liquid in air transportation. The\nuniversity failed to drain excess nitrogen from a \"dry shipper\" container, and the package\nleaked at a Federal Express facility.\nIn response to our Letter of Investigation, the university provided the attached letter from\nthe Applied Technologies Division of Chart Industries, dated August 16, 2000. We\nrequest your opinion as to whether the information provided in this letter is valid, and\nsection 173.320(a)(3)(ii) is in effect. If the letter cannot be verified, we will continue to\n16282)\nmove against the shipper.\nWe are interested in sending an agent from our Minneapolis field office to inspect this\ncompany, which is located in Bumsville, Minnesota. We invite participation by your\nCentral Region inspectors on this inspection to clarify the regulations.\nWe appreciate any support you can provide on this matter.\nWilliam Wilkening\nAttachment\ncc: Debra Straus, AGC-300\nJUN 1 9 2001\nJUN 1 1 2001\n' 12 2001 JUN 12 2001\nJUN 12 2001\n\n<<<PAGE 3>>>\n\n-\nTART\nippled Technologies Divistor\nnart laduseries, ine\n3309 Courry Road 42 Wer\nTel 612.892.5000 Fox 612.0923193\nsuramik, MN 33305-3803 USA\nww.neesc.com\nAugust 16,2000\nAttention:\nThis confirms our relephone conversation concerning the applicability of the Federal Hazardous\nMaterial Regulations to the shipment of refrigerated samples in your \"dry shipper\" container.\nA \"Dry Shipper'\" package consists of an oures container tbat is lined with an absorbent material. The\ncontainer is charged with nitrogen refrigerated liquid which is absorbed into the container lining. The\ncharged, completo package serves as a refrigerated container for the shipruent of biological materials.\nIn consideration of the above, consultation with the Matenal Iraasportation Buresu of the Research\nand Special Programs Administration has determined that the use of nitrogen refrigerated liquid\ncharged \"dry shipper\" containers for the sbipment of biological materials falls within the regulation\nexception provided in 49CFR173.320. Paragraph (a)(3X(III) of that section stares the requirements of\nthis subchapter (subchapier C-the Hazardous Maichal Regulations) do not apply to atmospheric gases\nand helium when used in the operation of a process system; such as & rein geration sysiem.\n(622)\nI sincerely,\n-\ni Lois Tuma\nInside Sales\n: Biological Products\nSEES 'ON\n8805 288 256\n6S:ST\n18/92/10\n200d 168'ON\n981549228216 ts 2-dny\n28:88 18/92/88\n\n<<<PAGE 4>>>\n\n_ FEB. 7.2001. 3:01PM\nCIVIL AVIATION SECURITY\nNO.253\nP.113\n....\n:\nFederal Aviation Administration\nCivil Aviation Security\nDangerous Goods Advisory Bulletin -\nInformation of Concern to Air Carriers\nSubject: Liquid Nitrogen In Dewars\n:\nNumber: DGAB-98-03\nDate:\nAUG 25 1998\n:\nINFORMATION: The Federal Aviation Administration (FAA) is issuing this\nAdvisory Bulletin to alert air carriers to the hazards associated with mishandling\nauthorized packagings utilizing liquid nitrogen as a refrigerant. These packagings\nare \"non-pressurized\" flasks and specially designed flasks known as \"dry\nshippers\",\nwhich are used to transport refrigerated biological specimens. Liquid\nnitrogen is a regulated material subject to 49 CFR Parts 100 - 180, Hazardous\nMaterials Regulations, (see 173.320(c)) and the Interational Civil Aviation\nOrganization's Technical Instructions for the Safe Transport of Dangerous\nGoods by Air (see Packing Instructions 202).\nSafe Handling:\nThe closure of the container is designed to allow venting to the atmosphere,\nthrough the fill opening, in order to prevent the build up of pressure within the\npackage. Packages are designed to be transported in an \"upright\" position at all\ntimes. These containers release of liquid nitrogen through the venting system\nwhen handled adversely to the orientation markings and package design.\nTherefore, it is important that personnel that handle, load and unload flasks that\ncontain liquid nitrogen maintain the flask in the upright position at all times.\nFailure to do so may result in the release of liquid nitrogen and cause injury.\n• instructions in 202. Non-pressurized flasks are similar in design and\nappearance to \"dry shippers\", except they are filled with liquid nitrogen, and the\nbiological specimens are suspended in it.\nOPTIONAL FORM 19 (7-80)\nFAX TRANSMITTAL\n3\n• Jaln Gale\nTron Blomo\nProne 73207\nFax 8\nNSN 7540-01-317-7744\n43012\n5080-101\nGENERA GEAVICES ADMINSTRATION.\n\n<<<PAGE 5>>>\n\nFEB. 7.2001\n3:01PM\nCIVIL AVIATION SECURITY\nNO.253\nP. 2/3\n•\nDry Shippers:\nInstructions 202) are not subject to the requirements of the regulations. However,\nDry shippers, when property prepared see the Note at the end of Packing\nif the dry shippers are offered with free liquid nitrogen present, they would be\nsubject to the regulations when offered for transportation by aircraft (see 49 CFR\n173.320) and must be offered in accordance with the ICAO Technical\nInstructions. These packagings use liquid nitrogen (Division 2.2, cryogenic liquid)\nas a refrigerant. A dry shipper consists of an outer metal jacket and an inner\nshell, with the space between filled with insulation and vacuum-sealed. The\ninterior of the packaging contains a cylindrical void, which holds the material\nrequiring refrigeration, surrounded by absorbent material. The absorbent\nmaterial is saturated with the liquid nitrogen. The FAA has found shipments\nwhere the nitrogen is not completely absorbed so when handled adverse to the\norientation markings, results in a loss of liquid nitrogen.\nFAA Enforcement:\nThe FAA, will actively pursue enforcement actions against all partles who violate\nthe Hazardous Materials Regulations or the ICAO Technical Instructions.\nViolators are subject to civil penalties of $27,500 and criminal prosecution with\npenalties: of $250,000 and up to five years in prison.\nBruce Butterworth\nDirector, Office of Civil Aviation Security Operations\n\n<<<PAGE 6>>>\n\nFEB. 7.2001 3:02PM CIVIL AVIATION SECURITY\nNo.253\nP.3/3\n!\n\\MVE\nMVE, Inc.\n3S0S Country Road 42 West\ni\n8-800-100-683\nBumsville, MN 55006\nF.612-682-5172\n!\nFILLING INSTRUCTIONS FOR MVE VAPOR SHIPPERS\n:\nMATERIALS, COMPATIBLE WITH THE DIVERGENT TEMPERATURE EXTREMES AND BROAD\nTHESE HIGH QUALITY VACUUM INSULATED UNITS ARE CONSTRUCTED OF DURABLE\nAPPLICATIONS OF CRYOBIOLOCY. THE ABSORBENT MATERIAL USED IN CONSTRUCTION AFTER\n1993 IS HYDROPHOBIC (WILL NOT ABSORB WATER) WHICH UNLIKE CALCIUM SILICATE DOES NOT\nNEED TO BE PERIODICALLY HEATED TO REMOVE ABSORBED MOISTURE.\nTHE MVE VAPOR SHIPPERS WERE PRIMARILY DESIGNED AS VAPOR SHIPPING\nCONTAINERS; HOWEYER, THEY CAN ALSO BE USED FOR IMMERSION OF SAMPLES. WHEN USING\nUNIT TO THE TIP AND ALLOW THE LIQUID NITROGEN TO ABSORB. UPON COMPLETE ABSORPTION\nIN EITHER CONDITION. THE RECOMMENDED FILLING PROCEDURE IS AS FOLLOWS: FILL THE\nANOTHER FILL, REPEAT AGAIN IF NECESSARY. COMPLETE ABSORPTION MAY TAKE UP TO 2\nOF THE FIRST FILL OF LNZ. WHICH SHOULD TAKE A MINIMUM OF & HOURS, REPEAT WITH\nLIQUID IF THEY ARE INTENDED TO BE USED AS A VAPOR (DRY, SHIPMENT.\nHOURS. AFTER COMPLETING THE LAST FILL. JUST PRIOR TO SHIPMENT, POUR OFF THE EXCESS\nLIQUID, IT IS ADVISABLE TO WEIGH THEM. TO COMPLETELY FILL THE ABSORBENT. THE\nTO INSURE THAT THE VAPOR SHIPPERS HAVE ABSORBED THEIR FULL CAPACITY OF\nSUGGESTED ABSORDED WEIGHT OF THE UNITS IS A LISTED BELOW SHOULD BE REACHED. THIS\nWILL ALLOW THE CONTAINERS TO HOLD THE MAXIMUM NUMBER OF DAYS IN THE VAPOR\nSPECIFICATIONS\nI*1/\nhey leafle\n8.8\n8\nSCARY\n11\nIS\n14\n20.6\nSC20/12v\n53\nXCZ0/3Y\n23\n38\n24\n39\n25\nXC142v\n25\nCRYOSHIPPER\n26\n37.3\n10\n30\n14\nMINI MOOVER\nCRYOSHIPPER * CBP.\n8.J\n11.6\n14\nCRYO-MOOVER\n30K\n33\n12\n8\n11.63\nARCTIC I S\n6\n2.8\nLNZ NEEDED TO FILL THE ABSORBENT WILL BE GREATER. THE TIME NEEDED FOR THIS FILLING\nDURING THE INITIAL FILL OR AFTER THE UNIT IS ALLOWED TO WARM. THE AMOUNT OF\nPROCEDURE WILL ALSO BE GREATER.\n8/2 8 56E8 ON\n100% 90 M\n8205 28025\nTer92/10","truncated":false,"body_characters":9896}