{"operation":"document","citation":"16-0097","title":"HMT Associates, L.L.C. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-03-03","effective_on":null,"summary":"16-0097 response to HMT Associates, L.L.C. concerning 175.75.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0097.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0097.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-16-0097","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/2017/160097.pdf","body":"<<<PAGE 1>>>\n\nHMT Associates, L.L.C.\n4165 Shackleford Road\nNorcross, GA 30093\nRef. No. 16-0097\nDear Mr. Altemos:\nThis responds to your May 24, 2016 e-mail requesting clarification of the Hazardous Materials\nRegulations (HMR; 49 CFR Parts 171-180 applicable to the accessibility requirements\nprescribed in § 175.70(d)(1) as they relate to the use of fire containment covers (FCCs), and the\nuse of unit load devices (ULDs). Your questions are paraphrased and answered as follows:\nQ1. You state it is your understanding that if hazardous materials are placed on a pallet and then\ncovered with a FCC, and provided the pallet is otherwise loaded on the aircraft so as to meet the\nrequirements for accessibility as prescribed in § 175.75(d)(1), the palletized and covered\npackages covered by a FCC qualify as accessible for the purposes of § 175.75. Furthermore, you\nstate that the FCC can be unclipped from the pallet and lifted to allow access to the packages.\nAl. Section 175.75(d)(1) defines \"accessible\" as \"on passenger-carrying or cargo-only aircraft\nthat each package is loaded where a crew member or other authorized person can access, handle,\nand, when size and weight permit, separate such packages from other cargo during flight,\nincluding a freight container in an accessible cargo compartment when packages are loaded in an\naccessible manner.\" It is the opinion of this Office that the presence of a FCC, as described in\nyour inquiry, does not preclude a particular location from otherwise being considered accessible\nunder 175.75(d)(1).\nQ2. You state that § 175.75(d)(1)(i) provides that a package may be considered accessible when\nloaded on a cargo-only aircraft if it is loaded in a cargo compartment certified by the FAA as a\nClass C aircraft cargo compartment. It is your understanding that the use of a ULD does not\npreclude a package as being considered to be loaded accessibly in a Class C compartment of a\ncargo-only aircraft under the provisions of § 175.75(d)(1)(i).\nA2. You are correct. Section 175.75(d)(1)(i) allows packages transported on a cargo-only\naircraft in a cargo compartment certified by the FAA as a Class C aircraft cargo compartment as\ndefined in 14 CFR 25.857(c) to be considered accessible. The use of a ULD does not invalidate\nthis allowance.\n\n<<<PAGE 2>>>\n\nand Cargo Aircraft.\nI hope this answers your inquiry. If you need additional assistance, please contact the Standards\nand Rulemaking Division at (202) 366-8553.\nSincerely,\nDuane A. Rfe\nDuane A. Pfund\nInternational Standards Coordinator\nStandards and Rulemaking Division\n\n<<<PAGE 3>>>\n\nWRITERS DIRECT DIAL NUMBER\n703-549-0727\nMay 24, 2016\nMr. Duane Pfund\nMs. Janet McLaughlin\nInternational Standards Coordinator\nDirector, Office of Hazardous\nInternational Standards (PHH-31)\nMaterials Safety\nPipeline and Hazardous Materials\nFederal Aviation Administration\nSafety Administration\n800 Independence Ave., SW\nDepartment of Transportation\nRoom 300 East\n1200 New Jersey Avenue, SE\nWashington, D.C. 20591\nEast Building, 2nd Floor\nWashington, D.C. 20590\nDear Mr. Pfund and Ms. McLaughlin:\nThis is to request your confirmation, jointly if possible, of my understanding of\nthe accessibility requirements prescribed in §175.75(d)(1) of the Department's Hazardous\nMaterials Regulations (49 CFR Parts 171-180, \"the HMR\") as they relate to the use of\nfire containment covers (FCCs), and the use of unit load devices (ULDs) which enclose\ncargo with structural elements, such as an \"igloo\" (referred to herein as a \"structural\nULD*). In this connection, your confirmation of the following is requested:\n1.\nUse of FCCs. FCCs are now being used by certain airlines as means to\nmitigate the risks of in-flight fire. The accessibility requirement in §175.75(d)(1)\nprovides that to be considered \"accessible\" a hazardous material package must be\nloaded where a crew member or other authorized person can access, handle, and,\nwhen size and weight permit, separate such packages from other cargo during\nflight (including a freight container in an accessible compartment when packages\nare loaded in an accessible manner). For a case in which an airline seeks to use an\nFCC with a pallet containing hazardous materials, I seek to confirm the\ncompatibility of the FCC with the requirements of §175.75(d)(1). Because the\nFCC can be unclipped from the pallet on which the hazardous materials are\nplaced and lifted to gain access to packages on the pallet, in the context of the\naccessibility requirement in §175.75(d)(1) the FCC is similar to pallet netting or\n\n<<<PAGE 4>>>\n\non the aircraft so as to meet the \"performance standard\" for accessibility as\nprescribed in §175.75(d)(1). Therefore, it is my understanding that an FCC which\ncan be unclipped from the pallet and lifted to allow access to the packages loaded\non the pallet does not affect achieving accessibility, provided the pallet otherwise\nis loaded on the aircraft so as to conform to the accessibility standard.\nParagraph 175.75(d)(1)(i) provides that a package may be considered\naccessible when loaded on a cargo-only aircraft if it is loaded in a cargo\ncompartment certified by the FAA as a Class C aircraft cargo compartment.\nNormally Class C compartments are located in the belly of an aircraft, and very\noften cargo loaded in belly compartments of aircraft designed to carry cargo in\nULDs is loaded in structural ULDs. There is no suggestion in §175.75(d)(1)(i)\nthat it is intended that this common practice be precluded in the context of a\npackage being considered \"accessible\" when loaded in a Class C compartment in\na cargo-only aircraft. Therefore, it is my understanding that use of a structural\nULD does not preclude a package as being considered to be loaded accessibly in a\nClass C compartment of a cargo-only aircraft under the provisions of\n§175.75(d)(1)(i).\nYour consideration of this request is most appreciated. Please do not hesitate to\ncontact me if you have questions concerning this request or if you require additional\ninformation or clarification.\nSincerely,\nE. A. Altemos","truncated":false,"body_characters":6028}