{"operation":"document","citation":"11-0112","title":"Midstate Air Freight and Logistics, Inc., DBA Callahan Air Expediters — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2011-07-29","effective_on":null,"summary":"11-0112 response to Midstate Air Freight and Logistics, Inc., DBA Callahan Air Expediters concerning 173.199.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0112.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0112.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-11-0112","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2011/110112.pdf","body":"<<<PAGE 1>>>\n\n1200 New Jersey Avenue SE\nU.S. Department Washington. DC 20590\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\nJUL 20 2011\nMr. Jeremy K. Nantz\nVice President\nOperations and Training\nMidstate Air Freight and Logistics, Inc., DBA Callahan Air Expediters\nReference No. 11-0112\nDear Mr. Nantz:\nThis responds to your May 6, 2011 email requesting clarification ofthe marking requirements of\nthe Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you inquire as\nto the appropriate marking requirements for shipments ofmaterial used for diagnostic or\ntreatment purposes that are refrigerated with dry ice. Your questions are paraphrased and\nanswered as follows:\nQl. Must the packages be marked to indicate the specific material contained therein or does the\nUN3373 marking alone satisfy the requirements pertaining to materials transported for diagnostic\nor treatment purposes?\nAI. Section 173.199(d)(2) requires that the package is marked with the wording \"Carbon\ndioxide, solid\" or \"Dry ice\" and an indication that the material being refrigerated is used for\ndiagnostic treatment purposes. It provides the example \"frozen medical specimens\" as an\nacceptable marking. For this reason, the UN3373 marking would not satisfy the marking\nrequirements for diagnostic or treatment purposes that are refrigerated with dry ice; rather, as you\nsuggest, a marking to indicate the specific material contained therein is required.\nQ2. Does the fact that the box is being shipped to or from a clinic or laboratory adequately\nindicate that the material being refrigerated is being transported for diagnostic or treatment\npurposes?\nA2. No. See Al above.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n~5~\nBen Supko\nChief, Standards Development Branch\nStandards and Rulemaking Division\n\n<<<PAGE 2>>>\n\nlAJin-r-e yo\n~ 112, tDf\nDrakeford, Carolyn (PHMSA) $175- 2-17\nFrom: INFOCNTR (PHMSA)\nSent: Friday, May 06,2011 12:49 PM\nTo: Drakeford, Carolyn (PHMSA)\nSubject: FW: compliance question\nHi Carolyn,\nThe caller below requested a formal letter of interpretation.\nThanks,\nVictoria\nVictoria Lehman\nHazmat Information Center (HMIC)\nhttp://phmsa.dot.gov/hazmat/info-center\n(2132) 366-11335\nFrom: Jeremy Nantz [mailto:jeremy.nantz@gmail.com]\nSent: FridaYI May 061 2011 12:19 PM\nTo: PHMSA HM InfoCenter\nSubject: compliance question\nMr. Charles E. Betts\nDirector, Office of Hazardous Materials Standards\nMr. Betts,\nIn order to resolve a long-standing area of confusion within my company, 1 need a clear, concise and definitive\nanswer to a regulatory question. I am hoping that you can provide that answer.\nHMR section 173.217 paragraph (d) states that dry ice is excepted from the shipping paper and certification\nrequirements if two conditions are met:\nFirst, that it is marked \"dry ice.\"\nSecond, that it is marked with an indication that the material being refrigerated is being transported for\ndiagnostic or treatment purposes.\nThis leads me to my question, which I will pose in three parts -(1\n) what is an acceptable indication that the material being refrigerated is being transported for diagnostic or\ntreatment purposes? Does it require a marking that uses that exact language?\n(2) [YeslNo] Does the presence ofa UN3373 label alone adequately indicate that the material being refrigerated\nis being transported for diagnostic or treatment purposes? (One of my managers in Arkansas maintains that it\ndoes not, since he points out that it is possible for a UN3373 shipment to contain material that is NOT being\ntransported for diagnostic or treatment purposes.)\n1\n\n<<<PAGE 3>>>\n\n(3) [YeslNo] Does the fact that the box is being shipped to or from a clinic or laboratory alone adequately\nindicate that the material being refrigerated is being transported for diagnostic or treatment purposes? (This\nsame manager maintains that it does not, since he once again points out that it is possible for a shipment to or\nfrom a clinic or laboratory to contain material that is NOT being transported for diagnostic or treatment\npurposes.)\nThis issue has been vigorously disputed within the shipping and receiving department, especially in Little\nRock, ever since 2008. An authoritative resolution in the form of an official government interpretation will\nrestore peace to our little company!\nThank you so much for your assistance on this matter; it is greatly appreciated!\nYours very sincerely,\nJeremy K. Nantz\nVice President\nOperations and Training\nMidstate Air Freight and Logistics, Inc.\nDBA Callahan Air Expediters\n2","truncated":false,"body_characters":4598}