Interpretation Response #11-0016 ([AllTransPack, Inc.] [Mr. Hank Baird .])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: AllTransPack, Inc.
Individual Name: Mr. Hank Baird .
Location State: VA Country: US
View the Interpretation Document
Response text:
July 19, 2011
Mr. Hank Baird
General Manager
AllTransPack, Inc.
22815 Glenn Drive
Suite 101
Sterling, VA 20164
Ref. No. 11-0016
Dear Mr. Baird:
This responds to your November 19, 2010 request for clarification on the use of Special Permit DOT-SP 12382 authorizing the transport of certain explosives by aircraft. According to your letter, AllTransPack, Inc. (ATP) has been asked by the State Department to prepare and certify a shipment of explosives (UN 0042; UN 0065; UN 0241; and UN 0288) intended for international air transport using an existing Special Permit DOT-SP 12382. These explosives are forbidden for air transport both by the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) and the International Civil Aviation Organization (ICAO) Technical Instructions. Specifically, you ask if DOT-SP 12382 meets requirements under
§ 105.5 of Part 105, Part 107, Subpart H of the 49 CFR, and Part 1, Paragraph 1.1 of the International Civil Aviation Organization (ICAO) Technical Instructions as a Competent Authority Approval for international air transport.
The answer is yes. DOT-SP 12382 permits you to ship UN 0042, UN 0065, UN 0241, and UN 0288 in international air transport. 49 CFR 107.1 defines a Competent Authority Approval as "an approval by the competent authority that is required under an international standard" and indicates that a special permit or approval is a competent authority approval. Therefore, DOT-SP 12382 serves as a competent authority approval, permitting you to ship these hazardous materials in international air transport. The Associate Administrator is the competent authority for the United States for purposes of Part 107.
I hope this answers your inquiry. If you need additional assistance, please contact this office at (202) 366-8553.
Sincerely,
Ben Supko
Chief, Standards Development Branch
Standards and Rulemaking Division
172.101, 173.27, 173.30
Regulation Sections
| Section | Subject |
|---|---|
| 172.101 | Purpose and use of hazardous materials table |