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Interpretation Response #10-0194 ([Alaska Air Group, Inc.] [Mr. Mike Tobin])

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

Interpretation Response Details

Response Publish Date:

Company Name: Alaska Air Group, Inc.

Individual Name: Mr. Mike Tobin

Location State: WA Country: US

View the Interpretation Document

Response text:

March 28, 2011

 

 

 

Mr. Mike Tobin

Alaska Air Group, Inc.

P.O. Box 68900

Seattle, Washington 98168

Reference No. 10-0194

Dear Mr. Tobin:

This responds to your letter requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to the requirements for notification of pilot-in-command. Specifically, you ask if the EX number for UN3268, proper shipping name "Air bag inflators, or Air bag modules, or Seat-belt pretensioners" is required to be indicated on the notification of the pilot-in-command.

In accordance with § 175.33(a), when a hazardous material subject to the provisions of the HMR are carried in an aircraft, the operator of that aircraft must provide the pilot-in-command with accurate and legible information about the shipment before departure of the aircraft. The information required on the notification of the pilot-in-command (NOPIC) must include the proper shipping name, hazard class, and identification number of the material, including any material remaining aboard the aircraft from prior stops.

Section 175.33(a)(1)(i) also states that, except for the requirement for number and type of package, any additional requirements provided in § 172.202 and § 172.203 must also be shown on the NOPIC. There is no requirement in § 172.202 or § 172.203 specifying that an EX number be marked on a shipping paper, therefore there is no clear requirement to include the information on the NOPIC. While § 172.202 or § 172.203 do not specify that an EX number be marked on a shipping paper, it should be noted that there are additional description requirements referenced in the HMR for shipments that are prepared in accordance with the International Civil Aviation Organization (ICAO) Technical Instructions (TI). The following provisions apply specifically to UN3268:

Section 175.33(a)(1)(ii) specifies that if a hazardous material is described by the proper shipping name, hazard class, and identification number appearing in the ICAO TI (IBR, see §171.7 of this subchapter), any additional information required to be shown on shipping papers by Subpart C of Part 171 of the HMR must also be shown in the notification.

Section 171.23(b)(2) specifies that for each approved air bag inflator, air bag module and seat-belt pretensioner, the shipping paper description must conform to the requirements in §173.166(c) of the HMR.

Section 171.23(b)(2)(i) specifies that the EX number or product code must be included in association with the basic shipping description. When a product code is used, it must be traceable to the specific EX number assigned to the inflator, module or seat-belt pretensioner by the Associate Administrator. The EX number or product code is not required to be marked on the outside package.

Section 173.166(c) specifies that when offered for transportation, the shipping paper must contain the EX number or product code for each approved inflator, module or pretensioner in association with the basic description required by §172.202(a) of the HMR. Product codes must be traceable to the specific EX number assigned to the inflator, module or pretensioner by the Associate Administrator. The EX number or product code is not required to be marked on the outside package.

PHMSA recognizes that it is unclear as to the requirements between the HMR and ICAO TI for the EX number for UN3268 to be listed on the NOPIC. While §175.33(a)(1)(ii) stipulates that any additional information required on the shipping paper by Subpart C of Part 171 be included on the NOPIC, PHMSA did not intend to require that the EX number for UN3268 be included on the NOPIC when using either the HMR or the ICAO Technical Instructions as authorized by Subpart C of Part 171. We plan to clarify this in a future rulemaking.

I hope this satisfies your inquiry. Please contact us if we can be of further assistance.

Sincerely,

T. Glenn Foster

Chief, Regulatory Review and Reinvention Branch

Standards and Rulemaking Division

175.33(a)(1)(i), 172.202, 172.203

Regulation Sections

Section Subject
172.202 Description of hazardous material on shipping papers
172.203 Additional description requirements
175.33 Shipping paper and notification of pilot-in-command