{"operation":"document","citation":"99-0247","title":"Express One International, Inc. — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-02-24","effective_on":null,"summary":"99-0247 response to Express One International, Inc. concerning 173.217.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0247.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0247.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0247","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990247.pdf","body":"<<<PAGE 1>>>\n\n=\nU.S. Department\nof Transportation\nWashington, D.C. 20590\n400 Seventh Street, S.W.\nSpecial Programs\nResearch and\nAdministration\nFEB 24 2000\nMr. Melvin Starks\nManager, Cargo Loading and\nRef. No. 99-0247\nHazardous Materials\nExpress One International, Inc.\n3890 West Northwest Highway,.\nDallas, TX 75220\nDear Mr. Starks:\nThis is in response to your letter dated August 27, 1999, regarding the definition of a \"compartment or\nbin\" under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Your questions are\nparaphrased and answered as follows:\nIs a compartment one pallet position, or is it the entire upper cabin? The answer to your question is no,\na cargo compartment is not one pallet position. The term, \"cargo compartment\" as used in the HMR is\nbased on the requirements for cargo compartments of 14 CFR Part 25 Sections 25.855 and 25.857,\nwhich were amended by a February 17, 1998 final rule published by the Federal Aviation\nAdministration (63 FR 8031). Quantities of dry ice in excess of 441 pounds in any cargo compartment\nare allowed only when a special written arrangement has been made between the shipper and the\noperator.\nRegarding your question of whether the Office of Hazardous Materials Standards is aware of a formula\nto calculate the maximum quantity of dry ice for a B-727 aircraft, the answer is no. The requirement for\nspecial written arrangement with an operator for quantities of dry ice in excess of the limitation provided\nin § 173.217 is based on the range of possible cargo compartment configurations of different aircraft.\nThe HMR does not specify a formula to be used to determine the maximum amount of dry ice that may\nbe carried on a particular aircraft.\nI hope this satisfies your request.\nSincerely,\nDemn Hite\nDelmer F. Billings\nChief, Standards Development\nOffice of Hazardous Materials Standards\n\n<<<PAGE 2>>>\n\n13-21-1999 10:03AM\nFROM EXPRESS ONE INTL 2149Ø29591\n•\nP.1\nnelson\n§173.217\nMELVIN STARKS\nAugust 27, 1999\nAanager - Cargo Lottin\nand Hazardous Marrial\nMr. Ed Mazullo\n99-0247\n400 7th Street Southwest\nWashington, D. C. 20590\nDear Mr. Mazullo:\nExpress One (and most other airlines that fly B727 aircraft) allows up to 4000\npounds of dry ice to be loaded in the main cargo compartment. My concer is that this\nmay be too much! 49 CFR 173.217(d) allows 441 pounds per compartment or bin. I\nneed you give a specific defimition of \"compartment or bin.\" In other words, is a\ncompartment one pallet position or the entire upper cabin which consists of 9 or 12 pallet\npositions? I have contacted FAA dangerous goods specialists, Mr. Richard Tarr of the\nDOT, and the Research and Special Programs Administration. I received different\nanswers from each one. Mr. Tarr referred me to you.\nThey reason I have concerns in this matter is because it has been reported to me\nthat dry ice shipments have been the cause of death for some pilots. Also the U. S Navy\nhas a dry ice formula that limits the amount of dry ice in the entire upper cabin to about\n800 pounds. This could be because cargo and passengers are transported in the same\nupper compartment. The Navy fotinula is:\nX = VA (0.47)\n32.3\nV= Volume of aircraft\nA=Air Exchange per hour\nX= Maximum dry ice\nDo you know of such a formula that calculates the maximum dry ice quantity for the\nentire main cabin area of a B727 aircraft?\nI would appreciate hearing from you on this matter as soon as possible.\nRespectfully\nMebin Starks\nMelvin Starks\nCopy to: Bud Phillips\nSkip Spence\nNeil Johnson\nKen Schweitzer\n3890 WEST NORTHWEST HWY. • SUITE 700 • DALLAS, TEXAS 75220\n214/902-2542 • FAX: 214/350-1399 • SITA: HDQOOEO • EMAIL: express1@onramp.nvt\n\n<<<PAGE 3>>>\n\nMEMORANDUM\nDATE:\n02 December, 1999\nTO:\nSpenser Watson\nJim O'Steen\nFROM:\nSUBJECT:\nsecter afterin a sates\n*******************************************\nI have altered the letter to Starks on dry ice and before you read the second draft, I want to outline my\nanalysis of the situation and address your comments.\nSpenser:\nThe company name has been added... thanks. Also, you are right in saying that a pallet position is not a\ncompartment. A compartment is also not a ULD. We can't say, however, that a bin isn't a ULD since\nI can't locate any explanation for it or rationale for the addition of it into the regulations. I think the\nmention of a bin in an \"or\" statement implies a choice between it and the other thing in the statement,\nand that would be a cargo compartment. After talking to you, I realized that we are in a sticky spot\nwith that term because I contacted the FAA to see if we would have gotten it from them in years past,\nand they think it is a ULD. Anyway, I removed the reference to a \"bin\" in the letter. I think the letter\nsufficiently answers his question now despite the fact I omitted the term. I once with the\nJim:\nnewdrats. spence\nAccording to the FAA, the term \"bin\" come from a separating device that prohibited packages from\n12/07/89\nintermixing with other packages before the fuselage of an aircraft was split into defined cargo\ncompartments as they are now. Today, the term \"bin\" is a ULD, or other device that sufficiently\nseparates packages. When I asked them if that implies that a \"bin\" affords the same standard for\nprotection that a cargo compartment does (such as from passengers) they said there are no\nrequirements applicable to that, although some do... (as if any of this is very helpful).\nAlso, you are 100% right about the potential for a dangerous situation, but only if the operator decides\nto do it that way. There is no limitation except by physical space to the amount of dry ice that can be\ntransported on a single aircraft, because § 173.217 allows them to with a written agreement. This issue\nis ultimately left to the air carrier to determine what is safe for them to do for any given aircraft\nconfiguration.\nMaybe we can slip the removal of the term \"bin\" into a rule that's going out soon.\n\n<<<PAGE 4>>>\n\nNovember 26, 1999\nMEMO TO CORRESPONDENCE FILE 99-0247\nFROM: Spencer Watson, DHM-21.1\nSUBJECT: Comments on Interpretation Letter to Mr. Melvin\nStarks of Express One International Inc.\n1. The company name has been left out of the address.\n2. The \"main cargo compartment\" i.e, the entire upper deck\narea in a Boeing 727 (or any aircraft) is defined as a\nClass E cargo compartment in 14 CFR if the flight is\ncargo-only. So, the short answer to Mr. Starks question\nis no, a compartment is not one pallet position or unit\nload device, it is the entire cargo area that is not\ninterconnected with any other area.\nAccording to\n173.217 (d), the company should limit the main deck\ncompartment in a cargo-only flight to 441 pounds of dry\nice, except by specific and special arrangement with the\naircraft operator or carrier.\n3.\nFor the future, the word \"bin\" in the current text of\n173.217 (d) is mis-leading and ought to be discontinued.\nYa bin is considered an averpack as whit leg\nlevich, 441 pounds of shy ice in many such bins\ncoule create a hayardous atmosple in a cargo compartmant.\nAt the tine this sectin was werete was a bir\nconsidued a small cargo compartmant? The carrant\nlittiacad intuputatin of this section could adow a\nhazardens practices.\n81/30/89","truncated":false,"body_characters":7172}