DOT-SP 21774 Issued, But Has Issues
On August 5, 2024 the Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) granted Tym’s LLC request for emergency special permit (SP) and
issued DOT-SP 21774.
We are happy to announce that the Tym’s Special Permit will be an effective solution for the entire aviation industry because PHMSA granted the SP with “Party Status.” That is, anyone can apply to be a “Grantee” and will obtain their own authorization letter. This is the most important feature of any successful SP, and the agency came through.
However, the agency littered the Special Permit with excessively restrictive language that makes the permit useless for a vast majority of fire extinguishers that do not have a specific type of FAA approval. The agency failed to realize that portable aircraft fire extinguishers are approved in a variety of ways, not just the method mentioned in the permit (FAA-PMA).
They also failed to issue the permit for all types of liquified compressed gases by only mentioning Bromochlorodifluoromethane (Halon 1211). This makes the permit useless for any other types of agents commonly used in aviation.
Tym’s has requested a revision to DOT-SP 21774 based on this information and has sent evidence that supports our case. We are reasonably confident that the agency will come though again and that a revision to the permit will be inclusive of the most common aircraft fire extinguishers that contain liquified gas.
Recommendation
Tym’s recommends that you apply for Party Status as soon as possible if your company
transports (i.e. in a delivery van) or offers for transportation (i.e. ship by FedEx or UPS) any covered fire extinguisher. If you have sold, installed, distributed, repaired, or exchanged any portable Halon or Halotron fire extinguisher used on an aircraft, it is likely that you require Party Status before shipping this type of equipment again. We recommend that you do this before the SP is revised because it still covers several common aviation fire extinguishers.
Tym’s also recommends a thorough review of your company’s 49CFR regulatory documents and systems before applying for party status to a DOT Special Permit. If your organization lacks the resources or is unsure of the complex details, Tym’s can perform this service quickly and efficiently through a remote review of records, an onsite visit, or even a mock audit. Regardless of who performs this task, you will want to identify and correct regulatory pitfalls before engaging with the agency.
Remember, our consultations come with no cost and no obligation, so even a cursory review is a good idea: https://tymsllc.com/request-consultation