{"operation":"document","citation":"10-0035","title":"High Angle Construction, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2010-07-01","effective_on":null,"summary":"10-0035 response to High Angle Construction, Inc. concerning 175.9.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0035.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0035.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-10-0035","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/2010/100035.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation Pipeline and Hazardous Materials\nSafety Administration\n1 200 New Jersey Ave. SE\nWashington, D.C. 20590\nJUL 0 2 2010\nMr. Eric Lieberman\nPresident\nHigh Angle Construction, Inc.\n11200 Donner Pass Road #126\nTruckee, CA 96161\nRef. No. 10-0035\nDear Mr. Lieberman:\nThis responds to your letter regarding the applicability of the Hazardous Materials Regulations\n(HMR; 49 CFR Parts 171-L80) to your helicopter-based avalanche mitigation company.\nSpecifically, YOll ask whether the HMR apply to the Daisybell operation you describe that is used\nfor avalanche control while suspended from a cargo-only helicopter. The Daisybell system\nutilizes two lead-acid batteries (24V) to power controlled explosions created by a compressed\nhydrogen and oxygen mixture. Gases are independently packaged in two hydrogen cylinders and\none oxygen cylinder and are injected separately into an explosion chamber. The Daisybell\nsystem is activated while suspended 3-meters above the ground and the resulting explosion\ncreates an overpressure of 80 millibars measured at ground level and for 12-meters horizontally.\nUnder the conditions set forth in § 175.9(1), the avalanche control operations you describe using\nthe Daisybel/ system are not subject to the HMR. The operational guidelines and handling\nprocedures manual specified in § J75.9(t)(2) is, however, subject to approval by the Federal\nAviation Administration's Principal Operations Inspector assigned to the operator.\nI trust this satisfies your inquiry. Please contact us if we can be of further assistance.\nSincerely,\n~\nHattie L. Mitcbell\nChief, Regulatory Review and Reinvention\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\nHigh Angle Construction, Inc.\nGeneral Engineering CA Lie. #654931\n3iev~l1~\nS'15· I\nU.S. DOT\nPHMSA Office of Hazardous Materials Standards ~1/S.c1\nAttn: PHH-IO A/(( raf+East Building\n1200 New Jersey Avenue, SE. \n Washington, DC 20590-0001\n)0 -o()36\nJanuary 28, 2010\nRe: Helicopter Based Avalanche Mitigation\nDear Sirs:\nSeveral State Departments of Transportation, including the Utah Department of\nTransportation (UDOT), the Washington Department of Transportation (W ADOT), the Alaska\nDepartment of Transportation (AKDOT), and the Colorado Department of Transportation\n(CDOT), as well as certain helicopter skiing service providers and the Burlington Northern Santa\nFe Railroad, currently contract with licensed Part 135 operators to conduct helicopter based\navalanche mitigation procedures. These operations include the transportation and dispensation\nof assembled explosives from a helicopter and are completed in accordance with 49 CFR\n§175.9(t).\nUDOT, in conjunction with the Snowbird and Alta ski resorts and their local Part 135\nhelicopter operator, are considering the purchase of a new helicopter based system for\nthe initiation and mitigation of avalanches for protection of roads and resort facilities. The\ndevice, called a Daisybell, mixes and then ignites hydrogen and oxygen gases from compressed\ngas cylinders attached to the device, in a steel, conical shaped vessel to produce a controlled\npressure wave of air having sufficient force to trigger an avalanche. The Daisybell device is\nintended to be transported via Part 133 (External Load) and does not affect flight characteristics\nduring operation.\nIt is our understanding that, under §175.1, Purpose, Scope and Applicability, hazardous\nmaterials attached to or suspended from the helicopter is considered transportation in\ncommerce. However, it is our belief that this type of operation, utilizing the Daisybell, can be\naccomplished in compliance with 49 CFR §17S.9(t).\nWe would appreciate your confirming, at your earliest convenience, that the described\nDaisybell operations for mitigation of avalanche hazards falls under 49 CFR §175.9(t) so that\nthese public and business entities can proceed with their plans to procure and deploy this new\ntype of avalanche hazard mitigation system.\n11200 Donner Pass Rd. #126, Truckee, CA 96161\nPhone and fax: 5301 426-3226 E-mail: highangle@charter.net\nUS Distributor for the Gazex Preventative Avalanche Release System\n\n<<<PAGE 3>>>\n\nHigh Angle Construction, Inc.\nGeneral Engineering CA Lie. #654931\nPlease review the attached documentation for further infonnation and let me know if you\nhave any questions.\nThank. you for your anticipated cooperation.\nSinCe~elY yours, _--#---------~\nEric Liebennan, President\n11200 Donner Pass Rd. # 126. Truckee. CA 96161\nPhone and fax: 5301 426-3226 E-mail: highangle@charter.net\nUS Distributor for the Gazex Preventative Avalanche Release System","truncated":false,"body_characters":4609}