Interpretation Response #16-0097 ([HMT Associates, L.L.C.] [Mr. EA Altemos])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: HMT Associates, L.L.C.
Individual Name: Mr. EA Altemos
Location State: GA Country: US
View the Interpretation Document
Response text:
March 03, 2017
Mr. E.A. Altemos
HMT Associates, L.L.C.
4165 Shackleford Road
Norcross, GA 30093
Ref. No. 16-0097
Dear Mr. Altemos:
This responds to your May 24, 2016 e-mail requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180 applicable to the accessibility requirements prescribed in § 175.70(d)(1) as they relate to the use of fire containment covers (FCCs), and the use of unit load devices (ULDs). Your questions are paraphrased and answered as follows:
Q1. You state it is your understanding that if hazardous materials are placed on a pallet and then covered with a FCC, and provided the pallet is otherwise loaded on the aircraft so as to meet the requirements for accessibility as prescribed in § 175.75(d)(1), the palletized and covered packages covered by a FCC qualify as accessible for the purposes of § 175.75. Furthermore, you state that the FCC can be unclipped from the pallet and lifted to allow access to the packages.
A1. Section 175.75(d)(1) defines “accessible” as “on passenger-carrying or cargo-only aircraft that each package is loaded where a crew member or other authorized person can access, handle, and, when size and weight permit, separate such packages from other cargo during flight, including a freight container in an accessible cargo compartment when packages are loaded in an accessible manner.” It is the opinion of this Office that the presence of a FCC, as described in your inquiry, does not preclude a particular location from otherwise being considered accessible under 175.75(d)(1).
Q2. You state that § 175.75(d)(1)(i) provides that a package may be considered accessible when loaded on a cargo-only aircraft if it is loaded in a cargo compartment certified by the FAA as a Class C aircraft cargo compartment. It is your understanding that the use of a ULD does not preclude a package as being considered to be loaded accessibly in a Class C compartment of a cargo-only aircraft under the provisions of § 175.75(d)(1)(i).
A2. You are correct. Section 175.75(d)(1)(i) allows packages transported on a cargo-only aircraft in a cargo compartment certified by the FAA as a Class C aircraft cargo compartment as defined in 14 CFR 25.857(c) to be considered accessible. The use of a ULD does not invalidate this allowance.
Please note that the discussion above addresses only minimal regulatory standards. Operators should conduct a safety risk assessment to ensure that their aircraft systems, equipment, procedures, and other mitigation measures ensure an acceptable level of safety relative to the hazardous materials that they transport. See FAA Safety Alert for Operators 16001 Risks of Fire or Explosion when Transporting Lithium Ion or Lithium Metal Batteries as Cargo on Passenger and Cargo Aircraft.
I hope this answers your inquiry. If you need additional assistance, please contact the Standards and Rulemaking Division at (202) 366-8553.
Sincerely,
Duane A. Pfund
International Standards Coordinator
Standards and Rulemaking Division
175.70(d)(1), 175.75, 175.75(d)(1)(i)