Interpretation Response #05-0264 ([JFK International Airport] [Mr. James LoBello])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: JFK International Airport
Individual Name: Mr. James LoBello
Location State: NY Country: US
View the Interpretation Document
Response text:
Aug 8, 2006
Mr. James LoBello Reference. No. 05-0264
Senior Manager, Lufthansa Cargo AG
Security & Risk Prevention, The Americas
JFK International Airport
Cargo Building 23, North Service Road
Jamaica, New York USA 11430
Dear Mr. LoBello:
This responds to your October 13, 2005 request for clarification on the applicability of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) to air shipment of hazardous materials packaged in accordance with the International Civil Aviation Organizations (ICAO) Technical Instructions for the Safe Transport of Dangerous Goods by Air. Specifically, you ask whether hazardous materials shipments in compliance with the ICAO Technical Instructions aboard a Canadian-bound aircraft would be subject to criminal or civil penalties if the aircraft has to be diverted to the U.S.
You state your flights bound for a Canadian airport occasionally may have to be diverted, because of an in-flight emergency (mechanical, threat, weather, etc.). You ask if you would be in compliance if diverted into the U.S. airspace as long as the hazardous materials shipment is in compliance with the ICAO Technical Instructions.
The answer depends upon whether cargo is unloaded from or loaded onto the aircraft at the U.S. airport. As a practical matter, we would recognize the emergency nature of the diversion and not pursue any noncompliance with the HMR when the aircraft departs for the intended Canadian airport at the conclusion of the emergency. However, if new cargo is loaded onto the aircraft, or the cargo is unloaded for storage and then reloaded, we would require compliance with the requirements in Part 175 of the HMR. In addition, acceptance of hazardous materials packaged in accordance with the ICAO Technical Instructions for transport in and through the U.S. is authorized under § 171.11.
I hope this answers your inquiry.
Sincerely,
John A. Gale
Chief, Standards Development
Office of Hazardous Materials Standards
171.11, 175.5