Overpacks for Aviation Cylinders: Tym’s DOT Letter of Interpretation Finally Solves the Question of Combination Packaging

Problem

All DOT specification cylinders 2P, 2Q, 3E, 3HT, 4BA, 4D, 4DA, 4DS, and 39 and many Special Permit cylinders are required to be placed in strong outer containers (box, crate, etc.) when shipped. This is in accordance with 49 CFR § 173.301(a)(9) which is the law that dictates how gasses and all other Hazardous Materials in cylinders must be shipped. Manufacturing Special Permits (SP) such as DOT-SP 7945 and DOT-SP 8495 also list this law as a requirement within the SP document so they must be packaged the same way.

Confusion has plagued the industry because carriers like Federal Express (FedEx) require all gas cylinders of any type to be packed in specific types of strong outer containers. Although it is not federal law, these carriers will not pick up or deliver shipments of gas cylinders unless they are protected with additional packaging.

Specifically, carriers like FedEx are looking for an “OVERPACK” marking on the outer-most box. This indicates to the carrier that the package meets the policy requirements. If this word does not appear, some carriers will reject and return your package for non-compliance even though it complies fully with federal laws.

The problem is that the word “OVERPACK” is a marking that may only be applied to the package if it meets the stringent requirements of 49 CFR 173.25, which is the federal law that dictates when and how this marking should be applied. Simply, the OVERPACK marking may not be applied if the package is not an overpack. This was recently solidified in a DOT Letter of Interpretation Reference No. 24-0010 dated May 10, 2024.

The problem is that all aviation compressed gas cylinders such as oxygen bottles, fire extinguishers, and fire bottles, while legal to ship, may not comply with the requirements to mark OVERPACK on the outer container. They are shipped properly in a combination of packaging that includes the component (with a cylinder attached) in addition to outer packaging such as boxes, crates, or ATA 300 specification containers. Therefore, they are packaged properly per federal law but are being rejected due to inappropriate application of carrier policy.

The above-mentioned Letter of Interpretation Reference No. 24-0010 was written to solve this problem and ensure that the carrier understood that the shipments were legal to ship, safe to carry, and compliant with internal policies.

Unfortunately, the lack of detail in the request and very detailed response by the DOT made the problem even worse.

It could be inferred by the DOT response that all specification cylinders require the OVERPACK marking and Special Permit cylinders do not. We do not believe this is accurate based on the rules in 49 CFR § 173.301(a), 173.25(a), 178.35, 178.47, and 171.8. Doing so may be a violation and if so will lead to enforcement action, fines, and other penalties for shippers and carriers merely trying to do the right thing.

Additional information is needed to clarify the situation to remove the confusion once and for all.

Solution

If you are struggling to find a legal way to ship essential aircraft safety equipment and avoid fines and penalties, we have a solution for you.

At Tym’s, we have proactively addressed this issue by requesting a Letter of Interpretation to the DOT which will provide a final answer to these questions which have plagued the aviation sector for decades.

Tym’s also has a variety of resources to help you apply this knowledge in your organization and ensure that you remain compliant. We can offer training and compliance consulting that ensure your processes incorporate this information and many other complex regulatory pitfalls.

Supplement Your Training

Companies can leverage Tym’s for in-depth and Function Specific training that includes regulatory topics specific to your organization and industry. This is also required in addition to most off-the-shelf training programs used today.

This allows your business to benefit from our knowledge without the burden of re-training your staff on general compliance topics. This significantly reduces time, cost, and greatly reduces the risk of non-compliance.

Outsource the Regulatory Burden

Tym’s has designed a program to completely outsource the regulatory burden of Hazardous Materials and Dangerous Goods shipping. This includes an analysis of current regulatory pitfalls and compliance deficiencies before they become inspection findings or incident investigations.

This allows your business to benefit from on-call support for shippers and quality personnel before packages leave your dock or during any visit by the DOT or FAA. It also includes regular document audits, mock inspections, compliance reviews, and regulatory updates all for one low monthly fee. Compliance packages may also include ongoing shipper training, a necessary component in our new normal of high employee turnover.

Benefits:

  • Time and Cost Savings: Avoid costly regulatory findings and enforcement actions
  • Simplified Compliance: Ensure your operations comply with federal regulations without the usual hassle.
  • Combat high employee turnover: Ongoing training to ensure new employees are compliant and knowledgeable of the regulations

Get Started Now

[The Letter of Interpretation request can be viewed here]

Fill out the form below to request a consultation on applying this Letter of Interpretation to your business.

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