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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #08-0206 ([Climate Controlled Containers, Inc.] [Mr. Ken Broussard])

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

Interpretation Response Details

Response Publish Date:

Company Name: Climate Controlled Containers, Inc.

Individual Name: Mr. Ken Broussard

Location State: TX Country: US

View the Interpretation Document

Response text:

December 12, 2008

Mr. Ken Broussard


Climate Controlled Containers, Inc.

P.O. Box 667

Groves, TX 77619

Ref. No. 08-0206

Dear Mr. Broussard:

This responds to your letter concerning the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to a cargo container that includes an independent and automatic cooling and heating system powered by two rechargeable, non-spillable, lead-acid electric storage batteries. The container would either be placed into a unit load device (ULD) or secured to a pallet for loading into the cargo compartment of an aircraft. It is your understanding that such a cargo container containing regulated hazardous materials operating in flight as part of a process is subject to the HMR and may also be subject to operations and certification standards required by the Federal Aviation Administration (FAA).

Your understanding of the HMR requirements is correct. The HMR except hazardous materials required aboard an aircraft in accordance with applicable airworthiness requirements (e.g., fuel, batteries) and operating regulations (e.g., supplemental crew oxygen, oxygen generators, emergency egress systems). The cargo container you describe does not fall into either category. The non-spillable batteries used to power the cargo container are excepted from the requirements of the HMR under the conditions specified in § 173.159(d). However, the pressurized, non-flammable and non-toxic refrigerant (R134) used in the cooling system is fully subject to the requirements of the HMR, including marking and labeling of the cargo container, shipping papers (including certification), and emergency response information.

I suggest that you contact the FAA for other applicable requirements. I trust this adequately addresses your concerns. Please contact us if we can be of further assistance.


Hattie L. Mitchell

Chief, Regulatory Review and Reinvention

Office of Hazardous Materials Standards

173.159(d), 175.8

Regulation Sections

Section Subject
173.159 Batteries, wet