{"operation":"document","citation":"99-0294","title":"United Airlines — Hazardous Materials Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2000-03-10","effective_on":null,"summary":"99-0294 response to United Airlines concerning 175.10.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0294.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0294.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-99-0294","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/1999/990294.pdf","body":"<<<PAGE 1>>>\n\nJ.S. Department\nof Transportation\n400 Seventh Street, S.W.\nWashington, D.C.\n20590\nSpecial Programs\nResearch and\nAdministration\nMAR 1 0 2000\nMr. Carl B. Kole\nRef. No. 99-0294\nAdministrator, Dangerous Goods\nUnited Airlines\nBox 66100\nChicago, IL 60666\nDear Mr. Kole:\nThis is in response to your letter of October 8, 1999, regarding the transportation of a cylinder of\ncompressed oxygen for passenger use during flight. I am sorry for the delay in responding to your\ninquiry, I hope it has not caused you any inconvenience.\nSection 175.10(a)(7) excepts from the Hazardous Materials Regulations (HMR;49 CFR Part171-180)\na cylinder of compressed oxygen for medical use by a passenger which is furnished by an aircraft\noperator in accordance with 14 CFR 121.574 or 135.91. In the scenario presented in your letter, an\noxygen cylinder is installed in an aircraft for use by a passenger on a later flight segment. You ask if\ntransportation of the cylinder prior to the segment on which it is used by the passenger is permitted. It\nis our opinion that this scenario is permitted under the provisions of 49 CFR 175.10(a)(7), if the\nrequirements of 14 CFR 121.574 are met. The Federal Aviation Administration's Flight Standards\nService has informed us that your scenario would comply with 14 CFR 121.574 if either of the\nfollowing were satisfied: (1) the cylinder is installed with data approved by the Administrator of the\nFederal Aviation Administration; or (2) United Airlines has received a supplemental type certificate for\nthe modification.\nThis response has been coordinated with the Federal Aviation Administration. If we can be of further\nassistance, please contact us.\nSincerely,\nElal 7: Mall\nEdward T. Mazzullo\nDirector, Office of Hazardous Materials Standards\n990294\n175.10\n\n<<<PAGE 2>>>\n\nоCT-08-99\n12:30 PM\nP.01\nW/ UNITED AIRLINES\n-\nOctober 8, 1999\nWorld Headmartore\nGate\n& 175.10\n99-0294\nOctober 8, 1999\nMr. Edward T. Mazzulio\nDirector of Hazatdous Materials Standards\nResearch and Special Programs Administration\nU.S. Department of Transportation\n400 7th Street N.W.\nRoom 8100\nWashington, D.C. 20590-0001\nDear Mr. Mazzulio,\nSUBJECT: INTERPETATION OF HM 224A\nWith the release of HIM 224A the issue of installed oxygen on board commercial aircraft\nfor passenger use has come under discussion by the FAA and many of the carriers it\nregulates.\nUnited specifically has in the past had a process whereby a licensed mechanic has\ninstalled in our over-head bins oxygen cylinders for medical use of our passengers.\nThis installation has complied with the requirements of both 14CFR 121.574 and those\napplicable provisions of 49CFR.\nWith the release of the final rule HM 224A an issue has arisen which HM 224A does not\naddress directly. While HM 224A talks about the Iransport in cargo of oxygen, it does\nnot directly address oxygen that is installed for use by a passenger on a downline\nsegment. The area of interpretasion we are requesting deals with the oxygen bottle which\nis installed at point A for use on a segment B to C.\nWith the lack of maintenance personnel at many of our smaller communities we serve, it\nis a matter of practicality that a mechanic install the oxygen cylinder in the over-head bin\nmeeting all of the applicable installation and tie down rules.. By so doing we are assured\nof a quality installation with an equivalent levcl of safety. We have always considered\nthe installed bottle as part of the ship's equipment.\nThe passenger then boards the flight and uses the bottle on the B-C segment.\nADMINISTRATOX DANGEROUS GOODS\nUNITED AIRLINES WHQSY\nBree sell, Chicago. Minis Collate, • Location: 1200 End Alecguin Rone. Elk Corone Toonship. Illinois G0000:\n\n<<<PAGE 3>>>\n\nBes selen. Chicage Illinois allbo • Loscalion: 1200 ad AlcoRequin Rond. Elk Cross Tondipo Illinuis 600007\nCONTINUE FROM PREVIOUS PAGE 001\nAfter use, the bottle is then removed from the aircraft and is returned to a servicing\nstation in the shipped as cargo mode packed in the ATA Specification 300 packaging.\nWith that as a back ground my question is quite simple. Since we are not shipping\ninstalled part of the aircraft equipment for passenger use, are we in compliance with th\nherapeutic oxygen in cargo for replenishing a downline aircraft or station, but as ar\nintent of the HMR and HM 224A\nI look forward to your response and truly hope a favorable decision will forth coming so\nwe may continue to service our passenger's needs in those smaller communities we serve.\nSincerely.\nMr. Carl B. Kole\nAdministrator Dangcrous Goods\nUnited Airlines\nCK\n• .","truncated":false,"body_characters":4555}