Interpretation Response #12-0235 ([Ms. Sandra Harding])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name: Ms. Sandra Harding
Location State: KY Country: US
View the Interpretation Document
Response text:
February 8, 2013
Ms. Sandra Harding
3741 Eight Mile Road
Melbourne, KY 41059
Reference No.: 12-0235
Dear Ms. Harding:
This is in response to your October 19, 2012 email to the Hazardous Materials Information Center requesting clarification of the Hazardous Materials Regulations (HMR; 49 CFR Parts 171-180) applicable to aircraft quantity limitations and cargo location.
You observe that Variation US 13 in the International Civil Aviation Organization Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO TI) is not consistent with the current language of the HMR. You provide an outline of your understanding of the current requirements of HMR § 175.75(b) through (f) relating to accessibility requirements and quantity limitations and ask if your understanding is correct.
Your understanding of the current requirements of HMR § 175.75, pertaining to the loading and transport of hazardous materials aboard an aircraft and Variation US 13 of the ICAO TI, as you outlined in your email are correct.
You are also correct that Variation US 13 in the ICAO TI is not consistent with the current language of HMR § 175.75. However, Variation US 13 does indicate that operators must comply with all requirements of Part 175 of the HMR. The revision of Variation US 13 is under consideration for an international harmonization initiative.
You also ask PHMSA's reasoning for not excluding Class 7 materials from the quantity limitations on passenger aircraft.
Class 7 materials were inadvertently not excluded from the quantity limitations for passenger aircraft in HMR § 175.75(c). The limitations for the transport of Class 7 materials by aircraft are provided in HMR § 175.700. The revision of HMR § 175.75(c), to exclude Class 7 materials, may be considered for a future rulemaking.
I trust this satisfies your inquiry. Please contact us if we can be of further assistance.
Sincerely,
Delmer Billings
Senior Regulatory Advisor
Standards and Rulemaking Division
175.75(c), 175.700