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Interpretation Response #02-0144

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

Interpretation Response Details

Response Publish Date: 10-22-2002
Company Name: American Airlines    Individual Name: Les Adolph
Location state: OK    Country: US

View the Interpretation Document

Response text:

Oct 22, 2002

Mr. Les Adolph                 Reference No. 02-0144
American Airlines
3900 North Mango Road
P.O. Box 582809 MD 517
Tulsa, OK 74116

Dear Mr. Adolph:

This responds to your May 14, 2002 email concerning the requirement in 49 CFR 175.31 to report to the Federal Aviation Administration (FAA) a discrepancy in the shipment of a hazardous material that is discovered following the acceptance of the material for transportation aboard an aircraft.

The discrepancy reporting requirement applies to an aircraft operator that accepts a shipment of hazardous material that is improperly packaged, marked, labeled, described, or certified in a manner not ascertainable when accepted under the provisions of § 175.30(a). This requirement does not apply to a person who offers a hazardous material for transportation by air or to a person who receives a hazardous material that has been transported by air, so long as that person (the offeror or consigree) does not transport the hazardous material aboard an aircraft.

The offeror of a shipment of hazardous materials that does not comply with the requirements of the Hazardous Materials Regulations (HMR, 49 CFR parts 171-180) may be in violation of other requirements in the HMR.  However, the fact that the offeror or consignee is an aircraft operator, by itself, does not create a duty to report a discrepancy to the FAA under § 175.31, when the offeror or consignee has not transported the hazardous material aboard an aircraft.

This answer has been coordinated with the Dangerous Goods and Cargo Security Division of the Office of Civil Aviation Security of the Transportation Security Administration.  We hope that it satisfies your request but, if you have additional questions, please do not hesitate to contact my office.


Edward T. Mazzullo
Director, Office of Hazardous Materials Standards


Regulation Sections

Section Subject
§ 175.31 Reports of discrepancies