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Interpretation Response #11-0110 ([Delta Air Lines, Inc.] [Mr. Rick Blenkush])

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

Interpretation Response Details

Response Publish Date:

Company Name: Delta Air Lines, Inc.

Individual Name: Mr. Rick Blenkush

Location State: GA Country: US

View the Interpretation Document

Response text:

June 22, 2011

 

 

Mr. Rick Blenkush
Manager, Corporate Dangerous Goods
Delta Air Lines, Inc.
1020 Delta Blvd Dept 043
Atlanta, Georgia 30320-6001

Ref. No. 11-0110

Dear Mr. Blenkush:

This responds to your letter requesting clarification of the air shipment inspection requirements under the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180). Specifically, you ask whether an air carrier, as specified in § 175.30, is obligated to inspect individual packages of hazardous materials conditionally excepted from any other requirements of the subchapter that are placed in a unit load device loaded by the shipper and offered to an air carrier for transportation. In your letter, you cite as an example the § 172.102(c)(1) Special provision 188, which excepts packages of small lithium cells and batteries from any other requirements of the subchapter if certain conditions are met. Our response assumes all applicable conditions have been met.

The answer is no. An air carrier is not obligated to inspect individual packages of hazardous materials conditionally excepted from the HMR that are placed in a unit load device loaded by the shipper and offered to an air carrier for transportation. Under § 175.30(b), an air carrier"s responsibility in the scenario you describe would be to inspect the unit load device itself and not the contents contained therein, provided the shipper has produced any documentation required by Special provision 188, if applicable, and the unit load device is otherwise in an airworthy condition.

I trust 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

172.102 SP 188, 175.30(b)

Regulation Sections

Section Subject
173.185 Lithium cells and batteries
175.30 Inspecting shipments