Interpretation Response #98-0603 ([United Parcel Service Airlines] [Mr. Samuel S. Elkind])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: United Parcel Service Airlines
Individual Name: Mr. Samuel S. Elkind
Location State: KY Country: US
View the Interpretation Document
Response text:
MAY 5, 1998
Mr. Samuel S. Elkind
Air Operations
United Parcel Service Airlines
8203 National Turnpike
Louisville, KY 40213
Dear Mr. Elkind:
This is in response to your letter requesting clarification of the package marking statement in
49 CFR 175.30(e)(3), "inside packages comply with prescribed specifications." Specifically, you asked for guidance as to what reasonable steps an aircraft operator must take to establish that a shipment conforms to the requirements of 49 CFR parts 172 and 173.
In the case ofa DOT-39 specification cylinder, § 173.301(k) requires that a cylinder must be further contained within a strong outside packaging. Furthermore, the outside packaging required under § 173.301(k) is not an "overpack" as defined in § 171.8 and applied in § 173.25. Section 175.30(e) refers only to overpacks, it does not apply to individual packages that are properly prepared for shipment. There is no requirement in the Hazardous Materials Regulations (HMR) to mark the strong outside packaging required by § 173.301(k) with the statement "inside packages comply with prescribed specifications." However, we plan to propose that the strong outside packaging conform to the requirements of § 173.25 in a future action.
In its acceptance of a shipment of hazardous materials, no carrier may simply rely on the shipper's certification as a basis for its determination that a package conforms to the requirements of the HMR when there are obvious discrepancies. Section 175.30 requires, in part, that an air carrier verify that a hazardous material is authorized for transportation aboard aircraft and the quantity of material in one package when offered for transportation aboard a passenger-carrying or cargoonly aircraft is within the limitations prescribed by § 172.101. For overpacks, a carrier has an obligation to verify the presence of the inside containers comply statement within a reasonable limit. Section 175.3 states that a hazardous material not prepared for shipment in accordance
with Subchapter C, including part 173, of the HMR may not be accepted for transportation or transported aboard an aircraft. Therefore, within recognizable limitations and reasonable discretion, a carrier must be able to recognize discrepancies of packaging, shipping papers, labeling, and placarding.
I hope this information is helpful. If we can be of further assistance, please contact us.
Sincerely,
Hattie L. Mitchell
Chief, Regulatory Review and Reinvention
Office of Hazardous Materials Standards
173.301