Interpretation Response #00-0130 ([Dangerous Goods Program and Cargo Security] [William Wilkening])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Dangerous Goods Program and Cargo Security
Individual Name: William Wilkening
Location State: DC Country: US
View the Interpretation Document
Response text:
Date: SEP 15 , 2000 Reply to Attn. of: Ref. No. 00-0130
Subject: INFORMATION: Clarification of 49 CFR 175.85
From: Edward T. Mazzullo, Director
Office of Hazardous Materials Standards
To: William Wilkening, Manager
Dangerous Goods Program and Cargo Security
This is in response to your memorandum dated April 25, 2000, on whether a passenger-carrying aircraft can transport hazardous materials in a main deck cargo compartment that is certificated under 14 CFR 23.
49 CFR 175.85(a) states that "hazardous materials may be carried in a main deck cargo compartment of a passenger-aircraft provided that the compartment is inaccessible to passengers and that it meets all certification requirements for a Class B cargo compartment as provided in 14 CFR 25.857(b )." A main deck cargo compartment of a passenger-carrying airplane that has been certificated under 14 CFR part 23 is not likely to have been shown to meet the requirements of 14 CFR 25.857(b). In any event, reconfiguring a part 23 airplane to incorporate a Class B cargo compartment would likely be a major change in type design, which would require an amended or supplemental type certificate. In that case, there would be a record of a Federal Aviation Administration (FAA) approval, and the certification basis of that approval would state whether the change complies with 14 CFR 25.857(b). Therefore, hazardous materials may only be carried on
a main deck cargo compartment of a passenger-carrying aircraft that is certificated under 14 CFR Part 23 if there is a FAA amended or supplemental approval stating that the cargo compartment complies with 14 CFR 25.857(b).
I trust this satisfies your inquiry. This response was coordinated with the FAA's Office of the Chief Counsel.
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175.85