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Interpretation Response #05-0026 ([AeroPro, Inc.] [Ms. Susan Foumier ])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date:

Company Name: AeroPro, Inc.

Individual Name: Ms. Susan Foumier 

Location State: ME Country: US

View the Interpretation Document

Response text:

Aug 23, 2005


Ms. Susan Foumier                      Reference No. 05-0026


AeroPro, Inc.

111 Hunter Road

Freeport, Maine 04032-6757

Dear Ms. Fournier:

This responds to your January 25, 2005 letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask for clarification of the general applicability and training requirements.

Your questions are in reference to a facility that performs aircraft maintenance. According to your letter, the maintenance involves removal of certain components that contain hazardous materials (e.g., pressurized cylinders, fuel system components, and other fluid containing devices). Your questions have been paraphrased and answered as follows:

Q1:      Do the HMR apply to fluid-containing components if they have been removed from the aircraft, cleaned to remove any hazardous material, and offered into transportation?

Al:        No. A packaging that has been sufficiently cleaned of residue and purged of vapors to remove any potential hazard in transportation is not subject to the requirements of the HMR (§ 173.29).

Q2:      Do the HMR apply to the shipment of compressed gas cylinders if they are depressurized, cleaned to remove any hazardous material, and offered into transportation?

A2:       No. Except for ammonia, anhydrous, the HMR do not apply to a Division 2.2 (Non-flammable gas) at a pressure of less than 280 kPa (40.6 psia); at 20°C (68°F).In addition, the HMR do not apply to a Division 2.1 (Flammable gas) or a Division2.3 (Poison gas) if the cylinders have been cleaned of residue and purged of vapors to remove any potential hazard in transportation (§173.29).

Q3:      An employee carries a component containing a hazardous material by foot from Company A (aircraft maintenance facility) to Company B (hazmat shipper), which is fully authorized to package and ship a hazardous material in accordance with the HMR. Company B takes responsibility for properly packaging and offering the hazardous component into transportation. Is Company A considered a hazmat employer?

A3:       No. Company A is not considered a hazmat employer (see § 171.8) provided its  employees do not perform the function of a hazmat employee (see § 171.8). In the scenario you describe, the employee does not perform a function of a hazmat employee. 

Please note that the hazardous materials regulations apply to any person who offers, transports, or stores hazardous materials incident to transportation. Your facility is subject to the HMR if it performs any of these regulated functions.

I hope this information is helpful. Please contact us if you require additional assistance.



John A Gail

Chief, Regulations Development 

Office of Hazardous Materials Standards

171.1, 172.700, 173.29

Regulation Sections

Section Subject
171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions
172.700 Purpose and scope
173.29 Empty packagings